This Notice of Motion is taken out by the Applicants (Original Defendants) for setting aside an exparte decree passed on 19 December 2012 in the Summary Suit herein.

2. By this decree, the Defendants were ordered and decreed to pay a sum of Rs.1,04,50,000/- along with interest at the rate of 18 per cent per annum from the filing of the suit till payment or realization. When the Motion came up for hearing before a learned Single Judge, the parties settled the matter and filed consent terms. On 19 November 2015, the consent terms were taken on record and the Motion was disposed of in its terms. The consent terms provided for payment of a sum of Rs.90 lacs in two installments of Rs.45 lacs each by the Defendants to the Plaintiff in full and final settlement of the suit claim, the first installment becoming payable on or before 20 December 2015 and the second on or before 20 February 2016. In case of default, the Notice of Motion was to stand dismissed and the Plaintiff to be entitled to execute the decree. The short controversy today is this : The first installment being payable on 20 December 2015, which was a Sunday, the Defendants applied for a demand draft for Rs.45 lacs