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Bombay High CourtEXA/1848/2016disposed off

Sbi Cards And Payment Services Pvt Ltd. v. Shah Jayendra M Sudarshan

2017-04-08Hon'Ble Shri Justice R.D. Dhanuka2 pages

5exa-1848-2016 vai BEFORE THE NATIONAL LOK ADALAT EXECUTION APPLICATION NO.1848 OF 2016 IN ARBITRATION CAE NO.PA/ARB/LOT-4/15593 WITH NOTICE NO.2061 OF 2016 IN EXECUTION APPLICATION NO.1848 OF 2016 SBI Cards & Payment Services Pvt. Ltd.

...Claimant .V/s.

Shah Jayendra M.

...Respondent

Ms. Sonali Namsale i/b O.M. Gujar Law Chambers for the Claimants. Mr. Allwyn Patekar - Manager S.B.I. Cards present. Mr. Jayendra Shah - Respondent present in person. Mr.S.S. Waghmare , advocate for the Respondent. DATE : 8TH APRIL, 2017.

CONSENT TERMS.

:

1.

The judgment creditor has filed the aforesaid execution application for recovery of an amount of Rs.6,04,816/- with further interest on Rs.2,83,077/- from 29th June, 2016 till payment against the judgment debtor.

2.

The judgment debtor has agreed to pay a sum of Rs.1,50,000/- in full and final settlement of the aforesaid dues as under :- a).

Five installments of Rs.22,000/- each to be paid on or 1/2

5exa-1848-2016 before 25th of each month, the first installment thereof would commence from 25th of this month.

b).

The last two installments shall be paid in the sum of Rs.20,000/- each to be paid on 25th of those two months. c).

The judgment debtor undertakes to pay the aforesaid amounts in installments within the time prescribed. 3.

The judgment creditor has agreed to accept the said amount in full and final settlement of its claim. 4.

If the amount agreed as aforesaid is paid by the judgment debtor, the decree to mark satisfied.

5.

If there is any default in making payment of the amount aforesaid by the judgment debtor, the judgment creditor would be entitled to execute the decree for the entire amount excluding payment made, if any.

(Judgment Debtor) (Judgment Creditor) (Advocate for the Judgment (Advocate for the Judgment Debtor.) (Creditor) 2/2