IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO. 279 OF 2006 IN SUMMARY SUIT NO. 685 OF 2006 TODI ENTERPRISES ..PLAINTIFF V/S. ATUL REALTY LTD., & ORS. ..DEFENDANTS PARVATHY I/B B.S. CHANDNANI FOR PLAINTIFF. P.N. SINGH I/B VYAS & BHALWAL FOR DEFENDANTS. CORAM : D.K. DESHMUKH, J. DATE : 21ST AUGUST,2006. P.C. By consent of the parties, summons for judgment is disposed of in following terms :- (i) Defendands shall deposit an amount Rs.1,00,000/- within a period of 8 weeks from today in this court, with due intimation to the Plaintiff. (ii) If the amount is so deposited, this summons for judgment shall stand disposed of and leave to defend shall stand granted to the Defendants. : 2 : (iii) In that event the Defendants shall also be entitled to file written statement. Written statement to be filed by the Defendants within a period of eight weeks from the date of deposit. (iv) In case the amount is not so deposited, summons for judgement shall stand granted and the suit of the plaintiff shall stand decreed against the Defendants in terms of prayer clause (a) of the suit. In that event, the Plaintiff would be entitled to refund of court fees as per rules. (v) In case the amount is deposited by the Defendants,the Plaintiff shall be permitted to withdraw the amount on furnishing the bank guarantee to the satisfaction of the Prothonotary & Sr. Master and filing an undertaking to redeposit the amount, if so directed by this Court and on such terms and conditions as may be directed by this Court, and further undertaking that in the event of redeposit the rate of interest shall not be less than 12% p.a. (vi) Withdrawal be permitted within a period of eight weeks from the date of deposit. If the Plaintiff does not withdraw the amount within the - 3 - aforesaid period, then the amount be invested in fixed deposit in any nationalised bank during the pendency of the suit. (vii) In case the amount is so deposited by the defendants the suit be made absolute in terms of prayer clause (a) of the suit. (viii) Summons for judgment disposed of. --- (D.K. DESHMUKH, J.)