1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1732 OF 2007 Prakash H. Rathod .... Plaintiff. V/s P. Kannaya .... Defendant. Mr. Ramesh Jain for the plaintiff. Mr. Ramesh Dube i/b Ajay Misar & Co. for defendant. CORAM: V. M. KANADE, J. DATE : 8TH FEBRUARY, 2010 P.C.:- 1. Heard the learned Counsel for the plaintiff and the learned Counsel for defendant. Counsel for defendant submits that he has no instructions. 2. When the Summons for Judgment was taken out by plaintiff, conditional leave to defend was granted to the defendant by order dated 23rd June 2009 and he was directed to deposit a sum of Rs 90,000/- within eight weeks and on depositing the said amount, defendant was permitted to file his Written Statement. It is an admitted position that the said amount has not been deposited by the defendant within eight weeks as directed. 2 3. Plaintiff is, therefore, entitled to judgment and decree in view of the provisions of Order XXXVII Rule 6(b) of the Civil Procedure Code. Suit of the plaintiff is accordingly decreed. Defendant is directed to pay to the plaintiff an amount of Rs. 1,00,200.82 ps with further interest @ 15% on the amount of Rs 90,000/- from the date of filing of the suit till payment or realization. 4. Refund of court fees be granted as per rules. (V.M. KANADE, J.) 3