1 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 110 OF 2006 IN SUMMARY SUIT NO.623 OF 1982 M/s.Particles Boards India Ltd. ... Appellant. (Org.Defendant 1) Vs. 1.The Union of India & ors. ...Respondents. --- Mr.V.C.Kotwal, Sr.Advocate with Mr.P.P.Shah i/b. PDS Legal, for the Appellant. Mr.S.R.Rajguru with Ms.J.N.Pandhi, for Respondents. --- CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ. DATED: 25th MARCH, 2010 P.C.: 1. By this appeal, the appellant challenges the order dated 2.8.2005. By that order, the Court has 2 passed a decree against the defendant nos.1 and 3. It was a summary suit. A summons for judgment was taken out. By order dated 1.10.1996, conditional leave to defend was granted. The defendants were directed to deposit an amount of Rs.8,00,000/-. Time was also granted. That order was challenged in the appeal. The appeal failed. The amount was not deposited. Therefore, the matter was placed before the learned Single Judge. The learned Single Judge found that though the condition subject to which the leave to defend was granted, was not complied with, written statement was filed by the respondents and in that written statement, a statement was made that the amount has been deposited. We find from the record that indeed the amount was deposited after a long time, after the time allowed for deposit was over, by making incorrect representation in the precepie that there was an order made by the Appeal Court for deposit of the amount. The fact remains that the amount was not deposited within the time allowed, and therefore, there was no leave to defend, and therefore, in our opinion, the learned Single Judge 3 was perfectly justified in passing the decree. We do not find any reason to interfere with the order. During the pendency of the appeal, the amount deposited by the defendants has remained in deposit. The learned Counsel appearing for defendants stated before us that the amount that is in deposit can be permitted to be withdrawn by the plaintiff with accruals, if any. In this view of the matter therefore, the appeal is disposed of. The plaintiff is granted liberty to withdraw the amount that is deposited by the defendants with accruals, if any. The plaintiff, however, shall give credit to the defendants for the amount which the plaintiff withdraws. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.) ...