1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.71 OF 2009 IN NOTICE OF MOTION NO.3901 OF 2007 IN SUIT NO.2739 OF 2002 1.Indian Counter Equity & ors. ...Appellants/ (orig.defendants) vs. 1.Sushil Kumar Arora & anr. ...Respondents/ (orig.plaintiffs) --- Mr.B.B.Saraf i/b. M/s.Khaitan & Jayakar, for Appellants. Mr.R.M.Parekh with Suraj D.Wasukar, for Respondents. CORAM: D.K.DESHMUKH & R.S.MOHITE, JJ. DATED: 22nd June,2009. 2 P.C.:- By consent of parties, the appeal is disposed of in the following terms:- 1. The appellants, admittedly, have deposited an amount of Rs.5,04,000/- (Rupees Five lakhs four thousand only) on 17.12.2007. Out of that amount, an amount of Rs.4,00,000/- (Rupees four lakhs only) shall be permitted to be withdrawn by the plaintiffs with accruals on furnishing an undertaking, undertaking therein to bring back the amount if so directed by this Court and on such terms and conditions as may be directed by this Court. 2. The appellants shall deposit in this Court an amount by calculating interest at the rate of 9% on the amount of Rs.4,00,000/- from the date of institution of the suit i.e. 26.7.2002 to 17.12.2007, within a period of Eight weeks from today. On that amount being deposited the plaintiffs shall be permitted to withdraw that amount alongwith the 3 balance amount of Rs.1,04,000/- (Rupees One lakhs four thousand only) with accruals, if any, on that amount on furnishing security to the satisfaction of the Prothonotary and Sr. Master of this Court and also filing an 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. 3. On deposit being made, the ex-parte order passed against the defendants which is subject matter of the challenge in this appeal shall stand set aside. 4. On the amount being deposited by the appellants, leave to defend shall stand granted to the defendant in Summary suit no.2739 of 2002. In that event, the defendants shall file their written statements within a period of 12 weeks from the date of deposit of the amount. 5. In case, the appellants fail to deposit the amount as directed above, this appeal shall be treated as dismissed. In that event, the Prothonotary & 4 Sr.Master of this Court shall permit the plaintiffs to withdraw the amount which is deposited by the defendants on 17.12.2007 without any security and undertaking. 6. It is made clear that these deposits have been made by the appellants without prejudice to their rights and contention in the civil suit and all the contentions available to them are kept open, and the deposits are subject to the result of the suit. (D.K.DESHMUKH, J.) (R.S.MOHITE, J.)