1 NMS-1111-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1111 OF 2011 IN NOTICE OF MOTION NO.209 OF 2010 IN APPEAL [STAMP] NO.725 O F2010 IN SUMMARY SUIT NO.2320 OF 2008 Saikripa Jewellers and anr. ..Plaintiffs Vs Lalit Mithalalji Jain alias Bohra ..Defendant -- Mr.Lalit V. Jain, for appellants. Mr.H.V.Chande, for respondent. -- CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 28 th JULY, 2011 P.C: Heard. Motion is granted in terms of prayer clause (a). [R.G.KETKAR, J.] [D.K.DESHMUKH, J.] 2 NMS-1111-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.209 OF 2010 IN APPEAL [STAMP] NO.725 O F2010 IN SUMMARY SUIT NO.2320 OF 2008 Saikripa Jewellers and anr. ..Plaintiffs Vs Lalit Mithalalji Jain alias Bohra ..Respondent -- Mr.Lalit V. Jain, for appellants. Mr.H.V.Chande, for respondent. -- CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 28 th JULY, 2011 P.C: Heard. Motion is granted in terms of prayer clause (a). [R.G.KETKAR, J.] [D.K.DESHMUKH, J.] 3 NMS-1111-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL [STAMP] NO.725 OF 2010 IN SUMMARY SUIT NO.2320 OF 2008 Saikripa Jewellers and anr. ..Appellants Vs Lalit Mithalalji Jain alias Bohra ..Respondent -- Mr.Lalit V. Jain, for appellants. Mr.H.V.Chande, for respondent. -- CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 28 th JULY, 2011 P.C: Heard. Admit. Finally disposed of by consent of the parties in the following terms: (i) On appellants/defendants depositing an amount of Rs.Nine lacs in this Court within a period of four months from today with due intimation to the respondent, the order dated 16 th April, 2009 passed 4 NMS-1111-11.odt in Summary Suit No.2320 of 2008 and order dated 22 nd July, 2010 passed in Notice of Motion No.203 of 2010, shall stand set aside. (ii) The Vakalatnama filed on behalf of the appellants in this Appeal shall be treated as Vakalatnama filed in Summary Suit No. 2320 of 2008. (iii) After the amount is deposited, the plaintiff shall take out a Summons for Judgment and serve it on the advocate appearing for the appellants/defendants. The Summons for Judgment, thereafter, shall be disposed of in accordance with law. (iv) The Prothonotary and Senior Master shall permit the plaintiff to withdraw amount deposited by the defendants on filing undertaking, undertaking to bring back the amount, if so directed by this Court and, on such terms and conditions as may be directed by this Court and on furnishing a bank guarantee of the nationalised bank to the satisfaction of the Prothonotary and Senior Master of this Court. (v) The withdrawal shall be permitted within a period of eights weeks from the day of deposit. If amount is not withdrawn within 5 NMS-1111-11.odt aforesaid period, it shall be invested in Fixed Deposit in any nationalised bank to the credit of Summary Suit No.2320 of 2008, (vi) If the amount is not deposited within the aforesaid period, Notice of Motion No.1111 of 2011 shall be treated as dismissed. (vii) While deciding the Summons for Judgment, the learned single Judge shall make appropriate order about the amount deposited by the defendants and which is being withdrawn by the plaintiff in pursuance of this order. [R.G.KETKAR, J.] [D.K.DESHMUKH, J.]