1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 4002 OF 2009 IN SUMMARY SUIT NO. 371 OF 2008 Radhemohan Bhavani Prasad Gupta @ Jaiswal .. Plaintiff Vs. M/s. Vasudev Sales Corporation & Anr. .. Defendants Mr. V. K. Lakheda for the Plaintiffs. Mr. Sanjay Gupta Proprietor of the Defendants present in person. CORAM : MRS. ROSHAN DALVI, J. DATE : 20th July, 2010. P.C. 1. The Plaintiff in the Suit has taken out this Notice of Motion for cancelling a certain Consent Terms executed between the parties on 12.08.2009 by way of an agreement and for calling upon the Defendants to deposit Rs.3 lacs in the Court. 2. Rs. 3 lacs were directed to be deposited in the Summons for Judgment which was taken out. If the amount is not deposited, the Plaintiff is entitled to bring the suit on board for ex-parte decree. The Court cannot compel the party to deposit. However the parties must bear the consequences of non deposit. 3. The Consent Terms which have been executed by the 2 parties is not in the suit. It is executed by way of an agreement on a stamp paper. In the Summary Suit no Consent Terms can be cancelled. Hence prayer (a) is refused. 4. The Plaintiff shall obtain the certificate of non deposit and place the suit on board for ex-parte decree thereafter. 5. The Notice of Motion is disposed of accordingly. ( ROSHAN DALVI, J.)