IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.528 OF 2005 IN SUMMARY SUIT NO.2166 OF 2003 Ramakant Ramkrishna Dhote ..Plaintiff Vs. Arun Ramkrishna Dhote ..Defendant Mr.E.A.Sasi for the plaintiff Mr.Vipin Kamdi for the defendant CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 13TH FEBRUARY, 2006 DATED : 13TH FEBRUARY, 2006 DATED : 13TH FEBRUARY, 2006 P.C.: 1. In the present suit, the claim is arising out of Memorandum of Understanding which has been annexed at Ex.B to the plaint. The said Memorandum of Understanding provides for distribution of assets and valuation is also provided. The said Memorandum of Understanding is duly signed by the parties. In so far as the said M.O.U. is concerned, there is no dispute that the same is validly executed. In terms of the said M.O.U. according to the plaintiff, plaintiff is entitled to sum of Rs.7,50,000/- as set out in particulars of claim from the defendant. However, defendant contends that subsequent to the execution of the said M.O.U., they have realised that there are certain disputes as to the valuation of the various assets as mentioned in the said M.O.U. dt.1.4.00. However, defendant has taken no steps for cancellation and / or challenging the said M.O.U. on the ground of any mis- representation or fraud. 2. In that light of the matter, I find that the defence raised by the defendant that the valuation is not correct, cannot be accepted. The learned counsel for the defendant states that in so far as Rs.7,50,000/- is concerned, appropriate order can be passed but liberty may be granted to him to adopt appropriate proceeding, as he may be advised in law in respect of the said M.O.U. 3. I am of the view that in the present case, defendant should be directed to deposit a sum of Rs.7,50,000/- within 4 weeks from today. It will be open to the defendant to adopt appropriate proceeding if he so desires in respect of the challenge to the said M.O.U. In that light of the matter, I grant leave to defend on condition of deposit of Rs.750000 within 4 weeks, failing which plaintiff will be entitled to decree. 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 3 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.