pvr １ a511-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.511 OF 2011 IN SUMMONS FOR JUDGMENT NO.471 OF 2009 IN SUMMARY SUIT NO.2283 OF 2009 Vishal G.Gandhi. ...Appellant vs. Lalit M.Jain. ...Respondent --- Mr.Rajiv Narulla i/b. Jhangiani, Narula & Associates, for Appellant. Mr.H.V.Chande, for Respondent. --- CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 8th August,2011. pvr ２ a511-11 P.C.:- 1. Admit. Heard finally by consent of parties. The appellant-defendant is in appeal against the decree passed by the learned Single Judge for failure of defendant-appellant to file an application for leave to defend the suit. The learned Counsel appearing for appellant has offered to deposit the amount of principal in the Court. In our opinion, considering the facts and circumstances of the case and the offer of the defendant to deposit the amount of principal in the Court, the following order would meet the ends of justice:- In case the appellant deposits an amount of Rs.5,00,000/- (Rupees Five lakhs only) in this Court within a period of four weeks from today, with due intimation to the plaintiff, the order impugned in the appeal shall stand set aside. Then, the defendant shall be entitled to submit pvr ３ a511-11 his application for leave to defend within a period of four weeks from the date of deposit of the amount. The learned Single Judge shall thereafter hear summons for judgment no.471 of 2009 and pass order thereon in accordance with law. While disposing of the summons for judgment, the learned Single Judge shall also make appropriate order in relation to the amount of Rs.5,00,000/- which the appellant is directed to be deposited. The Prothonotary & Sr. Master of this Court shall permit the plaintiff to withdraw the amount of Rs.5,00,000/- which the defendant is directed to deposit, on filing an undertaking in this Court, undertaking therein to bring back the amount, if so directed by the learned Single Judge on such terms and conditions as may be directed by the learned Single Judge, on furnishing bank guarantee of a nationalised bank to the satisfaction of the Prothonotary & Sr.Master of this Court. pvr ４ a511-11 If the amount is not deposited by the appellant within the time specified above, the office shall treat this appeal as dismissed. The appeal is disposed of. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)