IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3875 OF 1998 Jainex Steel & Metal ..Plaintiffs Vs. Madras Industrial Products ..Defendants Mr. H.V.Chande for the Plaintiffs None for the Defendants CORAM: DR. D.Y. CHANDRACHUD, J. 1st September, 2009. P.C. : 1. In a Summary Suit instituted under order XXXVII of the Civil Procedure Code, 1908, a Summons for Judgment was taken out. By an order dated 23rd January 2001, leave to defend the suit was granted to the Defendants, subject to the deposit of an amount of Rs.1,10,43.50 within 12 weeks. The order was confirmed in Appeal by a Division bench on 4th June 2002. The Prothonotary and Senior Master has issued a non deposit certificate dated 7th August 2002. 2. In the circumstances, having regard to the provisions of the order XXXVII Rule 3(6)(b) of the Code of Civil Procedure, 1908, the Plaintiffs will be entitled to a Judgment in the suit, since the Defendants have failed to comply with the conditions subject to which, leave to defend was granted. The suit shall accordingly stand decreed as prayed with the modification that the Plaintiffs will be entitled to interest @ 9% p.a. from the date of the suit until payment or realisation. (Dr. D.Y,Chandrachud, J.)