1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.152 OF 2006 IN SUMMARY SUIT NO.2054 OF 2005 Gunwant M.Shah. ...Plaintiff vs. Vijaya Home Loans Ltd. ...Defendant. --- Mr.Gaurav Joshi i/b. Ashwin Ankhad & Associates, for Plaintiff. Mr.Subodh Gokhale, for Defendant. CORAM: D.K.DESHMUKH,J. DATED: 14th August, 2006. P.C.:- By consent of parties, the summons for judgment is disposed of in the following terms:- 1. The defendant shall deposit an amount of Rs.12,90,459/- (Rupees Twelve lakhs Ninety thousand 2 Four hundred Fifty Nine only) in this Court with due notice to the plaintiff within a period of Eight weeks from today. 2. On the deposit being made, this summons for judgment shall stand disposed of and leave to defend shall stand granted to the defendant. In that event the defendant shall file written statement within a period of Eight weeks from the date of deposit. 3. In case the amount is deposited, the Prothonotary and Senior Master of this Court shall permit the plaintiff to withdraw the amount on furnishing bank guarantee of a nationalised bank and on furnishing an undertaking undertaking to this Court to re-deposit the amount if so directed by this Court on such terms and conditions as may be directed by this Court with further undertaking that in the event of re-deposit of the amount, the rate of interest shall not be less than 12% per annum. 4. If the plaintiff does not withdraw the amount within a period of Eight weeks from the date 3 of deposit, the amount shall be invested in fixed deposit in a nationalised bank during the pendency of the suit. 5. In case the amount is not so deposited within the aforesaid period, this summons for judgment shall stand granted and the suit shall stand decreed in terms of prayer clause (a) and (b). In that event refund of court fees as per rules. ---