1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3432 OF 2009 IN APPEAL NO. 899 OF 2005 IN SUMMARY SUIT NO. 3607 OF 2003 Mr. A.L.Kasture ..Appellant Vs. Bombay Chemicals Pvt. Ltd. ..Respondent .... Mr. B.G.Saraf i/by T.S.Patwardhan for Appellant Mr. Mayur Khandeparkar along with Ms. Sapna Raichure i/by T.N.Tripathi for Respondent .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE : 9th MARCH, 2010 P.C.: 1 For the reasons stated in our order passed today in Notice of Motion No. 3431 of 2009 in Appeal No. 918 of 2005, we hold that the appeal came to be dismissed under Rule 11(2) of Order XLI of C.P.C. and hence, the Motion is maintainable under Rule 19 of Order XLI of 2 C.P.C. 2 Out of the amount of Rs.5,00,000/- directed to be deposited by the trial Judge by an earlier order in the appeal, the appellant was directed to deposit Rs.1,00,000/-. 3 In our opinion, the appellant must be directed to deposit a further sum of Rs.1,00,000/- to restore the appeal. 4 Hence, the Motion is made absolute in terms of prayer clause (a) subject to the appellant depositing a further sum of Rs.1,00,000/- with the Prothonotary and Sr.Master within a period of four weeks. The total deposited amount in this appeal, shall stand invested in a nationalized bank during the pendency of the appeal. [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]