-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 23 OF 2009 IN SUMMONS FOR JUDGMENT NO. 34 OF 2007 IN SUMMARY SUIT NO. 3262 OF 2005 Kairav Dinesh Shah ).. Appellant Versus Ramesh Chhotalal Gandhi ).. Respondent Mr N D Kambli i/b Mr A M Saraogi for the Appellant. Mr K T Kukreja for the Respondent. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 13TH FEBRUARY 2009 P.C. We have heard the learned Counsel appearing for the parties. By the impugned order, in a Suit for recovery of Rs.9,15,454/- with interest on the principal amount of Rs. 6.00 lakhs at the rate of 18% per annum, the execution of the document was not disputed and keeping in view the totality of the facts and circumstances of the case, the learned -2- Single Judge granted conditional leave to defend the suit subject to deposit of Rs. 3.00 lakhs. Discretion has been exercised by the learned Single Judge, which is in accordance with law and it does not suffer from any patent error of law. We do not see any reason to interfere. Appeal dismissed. No order as to costs. 2. After the order was passed, the learned Counsel appearing for the Appellant prays for further time to deposit the amount. Let the amount be deposited now positively within eight weeks from today. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.