1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 81 OF 2008 IN SUMMARY SUIT NO.1982 OF 2007 Kishore Jethalal Morbia ....Plaintiff. V/s. Jalaram Construction Company & Ors. ....Defendants. --- Mr.Mahesh J. Devani, for the Plaintiff. Mr. Sunil R. More, for the Defendants. ----- CORAM : S.J. VAZIFDAR, J. DATED : 31ST AUGUST 2009 P.C. : 1. The facts in this matter are similar to those in Summons for Judgment No.78 of 2008, except as regards the amounts. I have by a separate order today disposed of Summons for Judgment No.78 of 2008. 2. In the circumstances, and for the reasons in the order in Summons for Judgment No.78 of 2008 leave to defend is granted to the Defendants conditional upon the Defendants depositing in this court a sum of Rs. 1,25,000/- within twelve weeks from today. In the event the Defendants deposit the aforesaid amount, the suit to stand transferred to the list of Commercial Causes. The Defendants to file their written statement within thirty days. Discovery and Inspection within four weeks thereafter. 2 In the event the Defendants fail to deposit the aforesaid amount, liberty to the Plaintiff to apply for further orders. On the said deposit being made, the Prothonotary and Senior Master to invest the same in any nationalised bank initially for a period of two years and shall renew the same thereafter for a period of one year from time to time. 3. Summons for Judgment stands disposed of accordingly.