1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.261 OF 2006 IN SUMMARY SUIT NO.585 OF 2006 Mohanlal Damji Pasad. ...Plaintiff vs. Hira Stores & another. ...Defendants --- Mr.K.H.Halai i/b. M/s.Halai & Co., for Plaintiff. Ms.Sandhya Amin i/b. Mr.S.C.Shah, for Defendant. CORAM: D.K.DESHMUKH,J. DATED: 21st November,2006.. P.C.:- By consent of parties, the summons for judgment is disposed of in the following terms: 1. In case the defendants deposit an amount of Rs.1,00,000/- (Rupees One lakhs only) with due intimation to the plaintiff within a period of Twelve weeks from today, leave to defend shall stand granted 2 to the defendants. In that event the defendants shall file written statement within a period of Twelve weeks from the date of deposit. 2. In case the amount is deposited, the Prothonotary & Senior Master of this Court shall permit the plaintiff to withdraw the amount on furnishing bank guarantee to the satisfaction of the Prothonotary and Senior Master of this Court and filing an undertaking undertaking therein to re-deposit the amount if so directed by this Court and on such terms and conditions as may be directed by this Court, further undertaking that in the event of plaintiff being required to re-deposit the amount, the rate of interest shall not be less than 12% per annum. The withdrawal be permitted within a period of Eight weeks from the date of deposit. 3. If the amount is not withdrawn within the aforesaid period by furnishing bank guarantee, the Prothonotary and Senior Master of this Court shall invest that amount in fixed deposit in a nationalised bank. 4. In case the defendants fail to deposit the amount within the aforesaid period, this summons for judgment shall stand granted and the suit shall stand decreed in terms of prayer clause (a) of the suit. In that event, Court fee be refunded as per rules. 3 ---