IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT No.1319 of 2003 Oriental Bank of Commerce ..PLAINTIFFS VS. M/s. Malleban Exports & Ors. .. DEFENDANTS Mr. K.S.Shetty for the Plaintiffs None for the Defendants CORAM: DR. D.Y.CHANDRACHUD, J DATE : 1st SEPTEMBER, 2009 P.C. 1. On 6th April 2009, a Summons for Judgment has been taken out in a Summary Suit under order XXXVII of the Civil Procedure Code, 1908, which was disposed of by granting leave to the Defendants to defend the suit, subject to the deposit of Rs.4,25,000/-, within a period of 8 weeks. The order of deposit has not been complied with. A non deposit certificate dated 31st July 2009, has been issued by the Prothonotary and Senior Master. 2. The Plaintiffs has filed a compilation of the original documents. Since the Defendants have not complied with the condition, subject to which, the leave to defend the suit was granted, the Plaintiffs will be entitled to the decree under the provisions of order XXXVII Rule 3(6)(b) of the Civil Procedure Code, 1908. 3. The suit shall decreed in terms or prayer clause (a), with the modification that the Plaintiffs will be entitled to interest @ 9% p.a. from the date of the suit until payment or realization. (Dr. D.Y.Chandrachud, J)