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 SUMMARY SUIT NO.1486 of 2001 SUMMARY SUIT NO.1486 of 2001 SUMMARY SUIT NO.1486 of 2001 Manipal Finance Corporation Limited, .. Plaintiffs. Vs M/s Dwarkadas Velji Talpatriwala, .. Defendants. Mr Ramesh Jain, for the plaintiffs. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 24th June, 2008 DATE : 24th June, 2008 DATE : 24th June, 2008 PC: 1. The instant suit was originally filed against three defendants. It appears that vide order dated 13.2.2006 the Summons for Judgment was made absolute as against defendant nos 1 and 2. Insofar as defendant no.3 is concerned, he is a guarantor and had executed a Deed of Guarantee dated 23.6.99. The only defence raised by defendant no.3 was that the plaintiffs agreed to recover money from defendant nos 1 and 2 and thus defendant no.3 should be discharged from the guarantee. Though the learned Judge, while disposing of Summons for Judgment no.456 of 2002 vide order dated 13.2.2006 did not find substance in the defence, granted conditional leave in the following terms of the order. "4. There is no substance in the defence raised because there is no dispute that personal guarantee dated 23.6.1999 has been executed by defendant no.3 and the guarantee is valid and subsisting. Paragraph 11 and 12 of the Plaint only shows that defendant no.1 and 2 has accepted the liability to pay and does not discharge defendant no.3 from his liability under the personal guarantee. However, with a view to give an opportunity to the defendants to defend the suit, I direct the defendants to deposit a sum of Rs.30 lacs within four weeks failing which plaintiffs will be entitled to decree as against defendant no.3 also. If the said amount is deposited the Prothonotary and Senior Master is directed to invest the same in any nationalised Bank in Fixed Deposit initially for a period of three years and then renew the same from time to time till further orders of this court. If the amount is deposited then suit is to be transferred to the list of Commercial Causes. Written Statement or points of defence to be filed within four weeks from the date of deposit of the said amount. Affidavits, list of documents to be filed within four weeks thereafter. Inspection within four weeks thereafter. Suit to be on board of the learned Judge taking commercial Causes. This Court is informed that defendant no.3, as per the directions given by the aforesaid order, have failed to deposit the amount of Rs.thirty lacs within the time stipulated. The plaintiffs have filed "no deposit certificate" issued by the Prothonotary and Senior Master dated 3.5.2006. In the circumstances, there shall be a decree against defendant no.3, as prayed, with modification that the plaintiffs would be entitled to interest at the rate of 12 percent per annum from the date of the suit until payment or realization. Refund of court fees, if any, as per Rules. The suit is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)