1 app100.10.sxw ast/- IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL SIDE JURISDICTION APPEAL NO.100 OF 2010 IN NOTICE OF MOTION NO.3207 OF 2009 IN SUIT NO.4351 OF 1996 WITH NOTICE OF MOTION NO.664 OF 2010 IN APPEAL NO.100 OF 2010 IN NOTICE OF MOTION NO.3207 OF 2009 IN SUIT NO.4351 OF 1996 Shri Sunil Bhosle. .. Appellant. V/s. Kamal Organic Chemicals .. Respondent. WITH APPEAL(L)NO.190 OF 2010 IN NOTICE OF MOTION NO.3207 OF 2009 IN SUIT NO.4351 OF 1996 WITH NOTICE OF MOTION NO.924 OF 2010 IN APPEAL(L)NO.190 OF 2010 IN 2 app100.10.sxw NOTICE OF MOTION NO.3207 OF 2009 IN SUIT NO.4351 OF 1996 Kamal Organic Chemicals .. Appellant. V/s. Shri Sunil Bhosle. .. Respondent. --- Mr. T.D.Deshmukh i/b. Mandar Soman for the Appellant in APP 100/10 and for Respondent in App(l) 190/10. Mr. A.Y.Sakhare, Sr.Advocate i/b. S.M.Kazi for the Respondent in APP 100/10 and for appellant in APP(l) 190/10. --- CORAM: D.K.DESHMUKH AND V.R.KINGAONKAR,JJ. DATED: APRIL 12, 2010 P.C.: 1. By this Appeal, Appellant challenges the Order passed by the learned Single Judge of this Court in the Notice of Motion No.3207 of 2009. That Notice of Motion was taken out for setting aside exparte money decree passed by the Court. The learned Single Judge directed setting aside of the exparte decree subject to certain conditions. Learned Single Judge held 3 app100.10.sxw that on the Appellant depositing an amount of Rs.1.50 crores within 12 weeks from the date of the Order i.e. 13th November, 2009, the exparte decree dated 23rd August, 2007 shall stand set aside. The amount, on being deposited, was to be kept in fixed deposit. Admittedly, within the period of 12 weeks, as allowed by the learned Single Judge, the Appellant neither deposited money, nor got the time for deposit of money extended from the learned Single Judge, nor he secured appropriate interim order in this Appeal. With the result, as a consequence of the Appellant not complying with the condition, subject to which exparte decree was to be set aside, the order never took effect and the decree remains as it is. In this view of the matter, therefore, there remains nothing to be considered by this Court in this Appeal. Hence, dismissed. 2. In view of the order passed in Appeal No.100 of 2010, Appeal(L) No.190 of 2010 is permitted to be withdrawn. Disposed of accordingly. 4 app100.10.sxw 3. In view of this order, nothing survives for consideration in the Notice of Motions in the respective Appeals. The same are disposed of accordingly. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.)