In a suit on admission where defendants agreed to pay Rs.50,00,000/- within six months, the court accepted the defendants' undertaking and decreed the suit in those terms upon default.
Decree granted in terms of the admitted amount of Rs.50,00,000/- within six months.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO.185 OF 2007 IN SUMMARY SUIT NO.319 OF 2007
Lalit Timothy D'Souza
..Plaintiff
V/s.
M/s.Vaithara Builders & anr...Defendants
Mr.Gautam Mehta i/b. ALMT LEGAL for the plaintiff
Mr.G.S.Bhat, advocate for the defendant Nos.1 and 2
CORAM : S.C.DHARMADHIKARI, J.
DATE : 13TH JULY, 2007
P.C.
1.After this matter was argued for some time
by both sides, during the course of the same,
parties desired to put an end to the entire suit in
as much as the defendants agreed to submit a decree
on admission in the sum of Rs.50,00,000/- and
sought time to pay the same within a period of six
months.
2.The plaintiff agreed to the same and that is
how both sides have drawn up Minutes of Order
setting out terms of the decree on admission.
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3.The terms record the agreement between
parties with regard to payment of Rs.50,00,000/-
within a period of six months from today and
consequences of default are also provided in as
much as upon failing to pay the same, suit shall
stand decreed as prayed and thereupon the plaintiff
would be at liberty to execute the same in
accordance with law.
4.Minutes of decree on admission taken on
record and marked “X” for identification. The
defendants have undertaken to pay the sum within a
period of six months. Undertaking accepted. Order
in terms of the Minutes. Summons for Judgment
stands disposed of. Suit is decreed in the
aforesaid terms. Refund of Court fees as per
rules. No order as to costs.
(S.C.DHARMADHIKARI, J.)
Lalit Timothy D'Souza
M/s.Vaithara Builders
S.C.DHARMADHIKARI
As recorded by the court registry
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