The High Court of Bombay, pursuant to party consent, disposed of a Notice of Motion seeking satisfaction of an ex-parte decree by conditional payment installments.
Notice of Motion disposed; decree satisfaction conditional on installment payment; executable on default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 66 OF 2006
IN
SUMMARY SUIT NO. 719 OF 2001
Anil Shah
....Plaintiffs.
vs.
Champion Engineering Stores
and anr.
....Defendants.
Mr. Darshan Mehta i/by. M/s.Dhruv Liladhar & Co.
for the plaintiffs.
Mr. Prakash Mahadik for defendant no.2.
CORAM: S.J. VAZIFDAR, J.
NOVEMBER 13, 2006.
P.C. :
1.The following order is passed with the consent
of the parties.
2.In the event of the defendant paying the
plaintiff a sum of Rs.2,50,000/- in 25 instalments
of Rs.10,000/- each, payable on or before the tenth
day of each month commencing from 10.12.2006, the
ex-parte decree dated 29/1/2003 shall stand
satisfied and the plaintiff shall have the same
marked satisfied. In the event of any single
default, the ex-parte decree dated 29/1/2003 shall
stand and shall be executable forthwith.
3.The Notice of Motion is accordingly disposed
off.
sd/-
Anil Shah
Champion Engineering Stores
S.J. VAZIFDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court