Appeal along with notice of motion disposed off due to settlement between parties. Appellants agreed to pay respondents Rs. 5,50,000 in two installments to satisfy the decree.
Settlement approved; appeal and notice of motion disposed. Appellants to pay Rs. 5,50,000 in two installments.
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app-484-12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.484 OF 2012 WITH
NOTICE OF MOTION NO.2122 OF 2012
IN
SUIT NO.502 OF 1988
Ashok Moreshwar Dahanukar & Anr...Appellants Versus
Subodh Lallubhai Bhansali & Ors. ..Respondents.
Ms. Rohini M.Dandekar i/b. Berarwalla & Co., for the appellants. Mr.Jayesh Bhat for respondents.
CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, J.
DATE : 27 September 2012.
P.C.
This appeal is directed against the judgment and decree dated 19 June 2012 of the learned trial Judge of this Court decreeing the suit No.502 of 1988.
(i) In full and final settlement of the plaintiffs' claims against all the defendants in the suit No.502 of 1988, the appellants herein (original defendant Nos.3 and 4) shall pay and the plaintiffs shall accept a sum of Rs.5,50,000/- which shall be paid in two equal
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app-484-12
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instalments of Rs.2,75,000/-. The first instalment shall be paid by 9 November 2012 and the second and last instalment shall be paid by 21 December 2012. The amounts shall be paid by Account Payee Pay Orders of any nationalised bank in favour of plaintiff No.1Subodh Lallubhai Bhansali.
(ii) Upon payment of the aforesaid amounts the decree dated 19 June 2012 in suit No.502 of 1988 shall stand completely satisfied.
(iii) In case of default, that is to say, in case of non-payment of the full amount of Rs.5,50,000/- on or before 21 December 2012, the appeal shall stand dismissed without any further orders of the Court.
In view of the disposal of the Appeal, the Notice of Motion does not survive. Notice of Motion accordingly stands disposed of.
CHIEF JUSTICE
(N.M. JAMDAR, J.)
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1 issue framed by the court
Whether the appeal and notice of motion should be disposed of based on the settlement agreement between the parties.
Ashok Moreshwar Dahanukar & Anr.
Subodh Lallubhai Bhansali & Ors.
Mohit S. Shah
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
