:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 217 OF 2006 APPEAL NO. 217 OF 2006 APPEAL NO. 217 OF 2006 IN IN IN SUMMONS FOR JUDGMENT NO. 719 OF 2004 SUMMONS FOR JUDGMENT NO. 719 OF 2004 SUMMONS FOR JUDGMENT NO. 719 OF 2004 IN IN IN SUMMARY SUIT NO.1654 OF 2004 SUMMARY SUIT NO.1654 OF 2004 SUMMARY SUIT NO.1654 OF 2004 Reunion Engineering Co. Ltd. .. Appellant V/s Oasis Luminaries Pvt. Ltd. .. Respondent ----- Mr.S.S.Dube for the Appellant. Mr.R.D.Suvarna for the Respondent. CORAM : DR.S.RADHAKRISHNAN CORAM : DR.S.RADHAKRISHNAN CORAM : DR.S.RADHAKRISHNAN & S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. DATE : 12TH APRIL, 2006. DATE : 12TH APRIL, 2006. DATE : 12TH APRIL, 2006. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the parties. The appeal is admitted. By this Appeal, the Appellant is challenging the order dated 3rd October, 2005, whereby the Learned Single Judge had directed the Appellant to deposit a sum of Rs.4,25,000/- within a period of four weeks, while granting conditional leave to defend the Summary Suit. 2. After hearing both the parties for some time, the Learned Counsel for the Appellant states that Appellant will deposit a sum of Rs.3,05,000/- in this Court, without prejudice to the rights and the contentions of the Appellant. The learned Counsel for :2: the Respondent seeks leave to withdraw the same. The Respondent is allowed to withdraw the same. We make it clear that as far as the balance amount is concerned, unconditional leave is granted. Appellant is directed to deposit the said amount within a period of eight weeks from today and the Respondent is at liberty to withdraw the same. The appeal is accordingly disposed of. (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (S.J.VAZIFDAR,J.) (S.J.VAZIFDAR,J.) (S.J.VAZIFDAR,J.)