Sanjay Parmeshwar Mittal v. Purushotham Goculdas Private Limited And ANR

sj57-17.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.57 OF 2017 IN COMMERCIAL SUIT NO.207 OF 2017 WITH CHAMBER SUMMONS NO.27 OF 2018 IN LEAVE PETITION NO.15 OF 2017 IN COMMERCIAL SUIT NO.207 OF 2017 Sanjay Parmeshwar Mittal ...Plaintiff vs Purushotham Goculdas Private Limited And Anr. ...Defendants .....

Mr. Ajay Panickar, i/b. Ajay Law Associates, for the Plaintiff. Mr. Zal Andhyarujina, a/w. Mr. Hursh Meghani, Ms. Mona Bhide, Mr. Rajshekhar Upadhyaya and Mr. Sanket Palshikar, i/b. Dave and Girish And Co., for the Defendants.

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CORAM : S.C. GUPTE, J.

DATED : 27 MARCH, 2018 P.C. :

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The summons for judgment is disposed of by consent of parties in their presence and after the parties gave specific instructions to their respective Counsel, in terms of the following order : (i) The Defendants shall pay a sum of Rs.1 crore to the Plaintiff in full and final settlement of the Plaintiff's claim in the present Pg 1 of 2

sj57-17.doc commercial suit. The amount shall be paid in six quarterly installments of an equal amount, the first of such installments beginning from 30 April 2018 and the next installments being payable from the 30th day at the end of each quarter. The amount shall carry interest at the rate of 7% per annum from today and the interest shall be computed on a reducing balance basis till the entire amount is paid to the Plaintiff. In the event of any two defaults, the suit shall stand decreed in terms of prayer clause (a) of the plaint. The Defendants, however, shall have credit for the amount paid under this order to the Plaintiff in that case. (ii) Refund of Court fees in accordance with the applicable rules. (iii) The summons for judgment is disposed of.

( S.C. GUPTE, J. ) Pg 2 of 2