1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.4778 OF 1998 Citibank N.A. ..Plaintiff. Vs. Mehta N.K. ..Defendant. ... Mr. Sunil Chavan i/b M.V. Kini & Co. for the Plaintiff. None for the Defendant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 26th August, 2009. P.C. : On 20th February, 2001, the Defendant was granted leave to defend the suit which has been instituted under Order 37 of the Code of Civil Procedure, 1908 subject to a deposit of an amount of Rs.1,65,377.56 within four weeks. The Prothonotary and Senior Master has filed a report dated 25th August, 2009 stating that the Defendant has not deposited any amount with the registry. In these circumstances, in terms of the provisions of Order 37 Rule 3(6)(b) of the Code of Civil Procedure, 1908 the Plaintiff would be entitled to a decree. The suit is accordingly decreed 2 as prayed with the modification that the Plaintiff will be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until realization. *****