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Bombay High CourtEXA/2026/2016disposed off

Sbi Cards And Payment Services Pvt Ltd v. Laxman A Gudla

2017-04-08Hon'Ble Shri Justice R.D. Dhanuka,National Lok Adalat2 pages

12-exa2026-2016 vai BEFORE THE NATIONAL LOK ADALAT EXECUTION APPLICATION (LODGING) NO.2026 OF 2016 IN ARBP CASE NO.PRC-AUG-09-6380 OF 2009 SBI Cards & Payment Services Pvt. Ltd.

...Claimant .V/s.

Laxman A Gudla

...Respondent

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

CONSENT TERMS 1.

The judgment creditor has filed the aforesaid execution application for recovery of Rs.4,80,868/- with further interest at the rate of 35% p.a. from 2nd August, 2016 till payment against the judgment debtor.

2.

The judgment debtor undertakes to pay an amount of Rs.60,000/- in full and final settlement of the claim of the judgment creditor in 10 monthly equated installments of Rs.6,000/- each as under :- a).

The first installment would be paid on 25th April, 2017 in cash and the remaining installments would be paid by cheques on or 1/2

12-exa2026-2016 before 25th of each month.

b).

The judgment debtor would be at liberty to pay the subsequent insallments also in cash. If any payment is made in cash in respect of any future installments, the judgment creditor would return the cheque in respect of such payment to the judgment debtor on receipt of payment in cash. The post dated cheques shall be handed over by the judgment debtor to the judgment creditor on or before 25th May 2017.

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.

6.

The judgment debtor has been interpreted the consent terms in Marathi by the Interpreter of this Court - Mrs.E.U. Dalvi. (Judgment Debtor) (Judgment Creditor) Signature identified by the Advocate for the Judgment Creditor (Advocate for the Judgment Creditor) 2/2