IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2951 OF 2009 Dombivli Coop. Hsg. Soc. Ltd. ..... ..... ...Petitioner V/s Mahadeo Shantaram Walawalkar ..... ..... ..Respondent. Mr.P.S.Dani with Mr.Bhushan Walimbe & Preeti B.Walimbe, Adv. for the petitioner. Mr.S.V.Palsuledesai, for the Respondent. CORAM: A.P.DESHPANDE, J. 3rd December, 2009. PC: Heard. Rule. Rule returnable forthwith. By consent of parties taken up for hearing and final disposal. The petitioner is the original defendant against whom respondent has instituted a suit for recovery of an amount of Rs.10 lacs with interest under an agreement reduced in to writing between the parties. The suit filed is summary suit instituted under order 37 of Code of Civil Procedure. After entering the appearance the defendant sought leave of the court to defend. The trial court has refused to grant leave to defend to the present petitioner and aggrieved by the said order present writ petition has been filed. After hearing learned counsel for both the parties for sometime it transpires that learned advocate appearing for respective parties are in agreement that the impugned order dated 24.2.09 passed by the Joint Civil Judge, S.D., Kalyan be set aside and the petitioner be granted leave to defend the suit subject to deposit of Rs.10 lacs in the trial Court. In that view of the matter writ petition stands disposed of. On concession made available by learned 1 counsel for respective parties order dated 24.2.09 passed by the Joint Civil Judge, S.D., Kalyan is quashed and set aside and the petitioner is granted leave to defend the suit subject to deposit of RS.10 lacs in the trial Court. It is made clear that it shall be open for the respondent to apply for withdrawal of the amount and in that event the trial Court shall decide the said application in accordance with law after affording an opportunity of hearing to the parties. Having regard to the nature of controversy I hope and trust that the trial court shall expedite the suit. The deposit amount shall be made within a period of four weeks from today. 30.12.2009. 2