1 ss2742-09.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2742 OF 2009 M/s.Shree Sai Industries Pvt Ltd .. Plaintiff versus Manoj Katyal .. Defendant Mr.Nilesh Das for the plaintiff. CORAM : S.C.DHARMADHIKARI, J. 28th September 2011. P.C.: . It is stated on behalf of the plaintiff that after the writ of summons was served, the defendant appeared through an advocate. Therefore, a summons for judgment was taken out and duly served on advocate. He sought leave to defend by filing an affidavit. After the application for leave to defend/summons for judgment was heard, a conditional order was passed by this Court imposing conditions on the defendant who was seeking leave to defend the suit. Aggrieved by that order, an appeal was filed, which also is disposed off. The defendant has failed to comply with the conditions imposed in the order and, therefore, in terms of Order XXXVII of the Code of Civil Procedure, 1908, the plaintiff is 2 ss2742-09.doc entitled to a decree. 2 The Non-Deposit Certificate is produced. The same is taken on record and marked “X” for identification. The original documents are marked “X1” collectively. There will be decree as prayed. Refund of Court fees as also the computation of advocates costs be done in terms of the Rules. (S.C.DHARMADHIKARI, J)