- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.185 OF 2008 Texsa (India) Limited .. Plaintiff vs Oasis Projects and Services (India) Pvt.Ltd..Defendants Mr.H.Toor i.b M/s Chitnis & Co for Plaintiff None for Defendants CORAM: R.V.MORE,J DATED: January 12 2010 P.C. 1. Heard Mr.Toor learned counsel for the plaintiff. None appears for the defendants though served. The plaintiff has filed above suit under the provisions of Order XXXVII Rule 2 of the C.P.C.for recovery of an amount of Rs.45,46,624.35 together with interest at the rate of 18 % p.a. from the date of filing of the suit till payment. The defendants were served with the Writ of summons and copy of the plaint and they appeared through their attorney, in above suit. 2. The plaintiff thereafter took out Summons for Judgment No.56 of 2009 seeking an order and decree against the defendants to pay the above said amount. The defendants filed reply to the Summons for judgment. This Court after hearing learned counsel for the respective parties disposed of the said Summons for Judgment, by an order dated 20.8.2009 and thereby the defendants were - 2 - granted conditional leave to defend the suit subject to deposit of the admitted amount of Rs.22,17,963/- plus an amount of Rs.7,11,677. Under the said order the defendants were directed to deposit the above said amount with the Prothonotary and Senior Master within a period of four weeks from the date of the order. The defendants were permitted to file written statement within a period of four weeks from the date of making the deposit. Time to deposit the amount expired on or before 17.9.2009. The Prothonotary and Senior Master has given certificate dated 7.12.2009 certifying that inspite of the above said order the defendants have failed to deposit the said sum of Rs.22,17,963/- and Rs.7,11,677/- within stipulated time. 3. In the above circumstances and especially in view of the provisions of Order XXXVII Rule 3 (6) (b) of C.P.C. the plaintiff is entitled to decree the suit in terms of prayer clauses (a) and (b). Decree be drawn up accordingly. 4. At this stage, learned counsel for the plaintiff seeks permission to substitute the original documents with its certified true copies. Since the suit is disposed of permission is granted. R.V.More, J - 3 -