1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO. 74 OF 2009 IN NOTICE OF MOTION NO. 1008 OF 2006 IN SUMMARY SUIT NO. 3810 OF 2001 ALONG WITH NOTICE OF MOTION NO. 856 OF 2009 IN APPEAL NO. 74 OF 2009 IN NOTICE OF MOTION NO. 1008 OF 2008 IN SUMMARY SUIT NO. 3810 OF 2001 Raj @ Rajesh S. Nanavati ..Appellant Vs. Smt. Rehana Khan ..Respondent Mr. Annirudh Joshi i/by Mrs. Manjusha Khandekar for appellant. Mr. S.R. Saudagar for respondent. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR, JJ. June 30, 2009. P.C. 1. Heard the learned counsel for the appellant, who is the original defendant in Summary Suit No. 3810 of 2001. The appellant filed Notice of Motion No. 1008 of 2006 to set aside the decree passed in the said suit and sought leave to defend the suit. 2 The said Notice of Motion was allowed by the order dated 26/11/2008 and leave to defend was granted on the condition that the defendant should deposit a sum of Rs. 5,00,000/- (Rupees Five Lacs only) within a period of four weeks from the date of the order as a pre condition to set aside the decree. The plaintiff applied for speaking to minutes in respect of the order dated 26/11/2008 and by the subsequent order dated 6/1/2009 the learned Judge noted that in the original order itself the figure of deposit ought to have been Rs.20,00,000/- and the figure of Rs.5,00,000/- was a mistake which required to be corrected. The learned Single Judge, therefore, directed to deposit the balance amount of Rs.15,00,000/- within six weeks from 6/1/2009. Admittedly, the said balance amount has not been deposited and may be on account of the pendency of this appeal. 2. In his order dated 26/11/2008 itself the learned Judge noted that the defendant had approached the plaintiff, without prejudice, for settlement talks and he had issued a cheque of Rs.1,00,000/- and agreed to settle the claim at Rs.20,00,000/-. So as to put the defendant to condition while granting leave to defend the suit, the learned Single Judge thought it fit that the entire agreed amount of Rs.20,00,000/- had to be deposited and he was right in correcting the said figure from Rs.5,00,000/- to Rs.20,00,000/- by the impugned order dated 6/1/2009. We do not find any reason to interfere with the discretionary order passed by the learned Single Judge. 3. Hence, the appeal fails at the threshold and the same is hereby dismissed. The balance amount of Rs.15,00,000/- shall be deposited within four weeks from today. 3 4. Notice of Motion No. 856 of 2009 does not survive and the same shall stand disposed as such. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)