Bhagyalaxmi Rolling Mill Pvt. Ltd. v. Lavasa Corporation Ltd.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL JURISDICTION SUMMONS FOR JUDGMENT NO. 76 OF 2017 IN COMMERCIAL SUIT NO. 558 OF 2017 Bhagyalaxmi Rolling Mills Pvt. Ltd.

...Applicant/Plaintiff vs Lavasa Corporation Ltd.

...Defendant .....

Mr Girish B. Kedia for the Applicant/Plaintiff Mr Raj Patel a/w Mr Ruturaj Bankar i/b Lex Legal & Partners for the Defendant.

Mr Dipak Shah, Director of the Defendant Co. present. .....

CORAM : B.P.COLABAWALLA, J.

DECEMBER 07, 2017.

P.C. :

When this matter was called out, I was informed by the learned counsel appearing for the Plaintiff as well as the Defendant that the matter has been settled. The Defendant submits to a decree on admission as prayed for in the plaint in favour of the Plaintiff.

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As a concession the Defendant agrees and undertakes to pay to the Plaintiff a total sum of Rs.1,67,16,063/- in twelve monthly installments as set out herein.

Sr.No.

Date Amount (INR) 15/04/2018 13,93,005/- 15/05/2018 13,93,005/- 15/06/2018 13,93,005/- 15/07/2018 13,93,005/- 15/08/2018 13,93,005/- 15/09/2018 13,93,005/- 15/10/2018 13,93,005/- 15/11/2018 13,93,005/- 15/12/2018 13,93,005/- 15/01/2019 13,93,005/- 15/02/2019 13,93,005/- 15/03/2019 13,93,008/- Total 1,67,16,063/- Upon the Defendant making the payment as set out herein without committing any default, the decree to be marked as "fully satisfied".

In case the Defendant commits any default in making payment of any installment or any part thereof, the Plaintiff Pg 2 of 3

shall be entitled to execute the decree for the full amount as prayed for in the plaint after giving credit of any payments already made by the Defendant.

The decree is passed against the Defendant in terms of this consent order and the suit is disposed of in terms thereof. The Plaintiff shall be entitled to refund of court fees, if any, as per rules. There shall be no order as to costs. In view of disposal of the suit, nothing survives in the Summons for Judgment and the same is disposed of accordingly.

( B. P. COLABAWALLA, J. ) Pg 3 of 3