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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUMMONS FOR JUDGMENT NO.723 OF 2005

IN

SUMMARY SUIT NO.1414 OF 2005

Lalitkumar Mangilal Jain.

...Plaintiff

vs.

Mahendrakumar Jeetmal Jain alias

Mahendrakumar Jeetmal Dhakad

...Defendant.

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Mr.Yashpal Jain, for Plaintiff.

Mr.Jaideep Mitra i/b. D.D.singh, for Defendant.

CORAM: D.K.DESHMUKH,J.

DATED: 13^th June, 2006.

P.C.:-

By consent of parties, the summons for

judgment is disposed of in the following terms:

1.

In case the defendant deposits an amount of

Rs.10,00,000/- (Rupees Ten lakhs only) in this Court

with due intimation to the plaintiff within a period

of Twelve weeks from today, the summons for judgment

shall stand disposed of and leave to defend shall

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stand granted to the defendant. In that event the

defendant shall file written statement within a

period of Twelve weeks from the date of deposit.

2.

In case the amount is deposited, the

Prothonotary & Senior Master of this Court shall

permit the plaintiff to withdraw the amount on

furnishing bank guarantee of a nationalised bank to

the satisfaction of the Prothonotary and Senior

Master of this Court and filing an undertaking

undertaking therein to re-deposit the amount if so

directed by this Court and on such terms and

conditions as may be directed by this Court, further

undertaking that in the event of plaintiff being

required to re-deposit the amount, the rate of

interest shall not be less than 12% per annum. The

withdrawal be permitted within a period of Twelve

weeks from the date of deposit.

3.

If the amount is not withdrawn by the plaintiff

within the aforesaid period by furnishing bank

guarantee, the Prothonotary and Senior Master of this

Court shall invest that amount in fixed deposit in a

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nationalised bank during the pendency of the suit.

4.

In case the defendant fails to deposit the

amount within the aforesaid period, this summons for

judgment shall stand granted and the suit shall stand

decreed in terms of prayer clause (a) and (b). In

that event, Court fee be refunded as per rules.

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