Saturn Advisory Services Pvt. Ltd. v. Augustus Avani Panjab Land Developer Pvt. Ltd. And 2 Orss.

p.sj.77.2017.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL JURISDICTION SUMMONS FOR JUDGMENT NO. 77 OF 2017 IN COMMERCIAL SUMMARY SUIT NO. 457 OF 2017 Saturn Advisory Services Pvt. Ltd.

...Applicant/Plaintiff vs Augustus Avani ...Defendant.

.....

Mr Abhishek Jebaraj for the Applicant/Plaintiff. Mr Abhishek Khare i/b Khare Legal Chambers for Defendant Nos.1 and 2.

.....

CORAM : B.P.COLABAWALLA, J.

DECEMBER 06, 2017.

P.C. :

Not on board. Mentioned. Taken on board.

The parties before me have agreed that the matter has been settled and that the Plaintiff had accepted an amount of Rs.93.5 Lacs in two installments, the first payable on or before 31st December, 2017 and the second on or before 31st March, 2018. In view of the aforesaid consensus, the following order is passed:

Pg 1 of 2

p.sj.77.2017.doc

O R D E R

(i) In full and final settlement of the dues in the present suit, Defendant Nos.1 and 2 shall jointly and severally pay to the Plaintiff a sum of Rs.93.5 Lacs in the following manner;

(a) Rs.65 Lacs On or before 31st December, 2017 (b) Rs.28.5 Lacs On or before 31st March, 2018.

(ii) If the payments are made in the aforesaid time schedule, the decree against the Defendants shall be marked as "fully satisfied". If there is default in the payment of any installment, the Plaintiff shall be entitled to forthwith execute this decree for the remaining outstanding amount and shall be entitled to interest at the rate of 12 % per annum on the amount outstanding till the payment and/or realization.

The suit is disposed of accordingly. Refund of court fees, if any, as per rules. No order as to costs. The certified copy of the decree is expedited. Since, the suit itself stands disposed of, nothing survives in the Summons for Judgment and the same is disposed of accordingly.

( B. P. COLABAWALLA, J. ) Pg 2 of 2