1 ss-2856-97 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2856 OF 1997 MMTC Limited ....Plaintiff V/s. M/s. Pathak Metal Pvt Ltd. ....Defendant Ms Naseem Patrawala for the Plaintiff None for the Defendant CORAM : R.M. SAVANT, J. DATE : 8TH MARCH, 2011. P.C. :- 1 The above Summary Suit has been filed for recovery of an amount of Rs.23,93,764/- as per particulars of claim Exhibit J to the Plaint with further interest @ 22% p.a. on the principal amount from the date of filing of the suit till actual payment and/or realisation. 2 In the above Suit, the Summons for Judgment came to be filed which came to be decided by an order dated 4-2-2002. In the said Summons for Judgment, the Defendant was granted unconditional leave to defend the suit subject to depositing Rs.20 lacs in the Court within a period of 8 weeks from 4-2-2002. The Plaintiff was permitted to withdraw the principal sum of Rs.14,22,170/-, in the event, the said amount was deposited by the Defendant by furnishing security to the satisfaction of the Learned Prothonotary & Senior Master of this Court. It appears thereafter, 2 ss-2856-97 the matter was carried in Appeal by the Defendant by way of Appeal No. 758 of 2002. The Appeal Court modified the condition by substituting the amount of Rs.20 lacs by an amount of Rs.15 lacs. The Defendant was directed to deposit the said amount in four weeks from the order of the Appeal Court dated 17-9-2002. It is undisputed position that the Defendant has not deposited the said amount. The Plaintiff has obtained non deposit certificate from the office of the Prothonotary & Senior Master dated 6-11-2008 and 1-3-2011. 3 In the light of the non compliance of the said conditional order, the Plaintiff would be entitled to a decree in terms of Order 8 Rule 10 of the Civil Procedure Code, 1908, for a sum of Rs.23,93,764/- with interest @ 12% p.a. on the principal amount from the date of filing of the suit till actual payment or realisation. (R.M.Savant, J.)