[1] IN THE HIGH COURTOF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 751 OF 2004 IN SUMONS FOR JUDGMENT NO. 423 OF 1999 IN SUMMARY SUIT NO. 1343 OF 1999 Popatlal Jain ... Appellant [Orig. defendant.] Vs. M/s. Supreme Saree Ltd. ... Respondents. [Orig. plaintiff.] Mr. S.W.Kulkarni for the appellant. None for the respondents. CORAM CORAM CORAM : D.K.Deshmukh and : D.K.Deshmukh and : D.K.Deshmukh and A.A.Sayed, A.A.Sayed, A.A.Sayed, JJ. JJ. JJ. DATE DATE DATE : February 24, 2009. : February 24, 2009. : February 24, 2009. [2] P.C. 1. By this appeal, the appellant challenges the order passed by the learned Single Judge of this Court dated 9th August, 2004 in summons for Judgment No. 423 of 1999. 2. By that order, the learned Single Judge has granted conditional leave to defend to the present appellant-defendant. The condition is that the appellant shall deposit an amount of Rs. 13,06,263/- within a period of 12 weeks from the date of that order. Admittedly, the amount has not been deposited nor there is any stay to that order but the learned Counsel appearing for the appellant stated before us at the bar that till this date the decree has not been passed. We accept that statement. The learned Counsel for the appellant further submitted that the learned Single judge has observed as per the statement filed at Exhibit 2 & 3 shows an amount of Rs. 13,06,263/- is due from the defendant to the plaintiff. The learned Counsel submits that the amount of Rs. 13,06,263/- was shown as due as on 25.3.1997. He submits that learned Single Judge failed to take into consideration the payments made after that date. He submits that as per the statement as on 24th November, 1998 amount of Rs. 7,86,855/- was shown due from the defendant. We have [3] perused the record. We find that the learned Single Judge has considered the position only up to March, 1997 and has omitted to consider the position of the payments made till November, 1998. If the position as on 24th November, 1998 is seen, it appears that an amount of Rs. 7,86,855/- will be due from the defendant. The learned Counsel appearing for the appellant states that the appellant is willing to deposit that amount in court, if he is granted 12 weeks time to deposit the amount. 3. None appears for the respondents. 4. In our opinion, in the facts and circumstances of the case, following order would meet the ends of justice. (1) The order dated 19th August, 2004 passed in Summons for Judgment No. 423 of 1999 by the learned Single Judge of this Court is modified. Instead of Rs. 13,06,263/-, leave to defend the suit shall stand granted to the appellant on his depositing, within a period of 12 weeks from today, an amount of Rs. 7,86,855/- due to the plaintiff. On the amount being deposited, the Prothonotary and Senior Master of this Court shall invest that amount [4] in fixed deposit in Nationalised Bank to the credit of the suit. . Appeal disposed of. [D.K.Deshmukh, [D.K.Deshmukh, [D.K.Deshmukh, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]