:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.650 OF 2004 NO.650 OF 2004 NO.650 OF 2004 IN IN IN SUMMONS SUMMONS SUMMONS FOR JUDGMENT NO.1308 OF 2000 FOR JUDGMENT NO.1308 OF 2000 FOR JUDGMENT NO.1308 OF 2000 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.4106 OF 2000 SUIT NO.4106 OF 2000 SUIT NO.4106 OF 2000 Deepak Talkies ..Appellant Vs. Mrs.Sangeeta Porbanderwala ..Respondent Ms.I.R.Joshi for the Appellant. Ms.J.M.Sidhwa i/b.N.A.Mahato for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 22ND FEBRUARY, 2008 : 22ND FEBRUARY, 2008 : 22ND FEBRUARY, 2008 P.C. P.C. P.C. 1. Heard the learned counsel for the parties. By this Appeal, the Appellant is challenging the order dated 8th September, 2004 passed by the learned Single Judge granting conditional leave in Summons for Judgement in a Summary Suit. The claim in the suit appears to be Rs.2,50,000/- and the learned Single Judge had granted conditional leave directing the Appellant/Defendant to deposit a sum of Rs.2,00,000/- in this Court within a period of six weeks. 2. Aggrieved thereby, the present Appeal is filed and the same was admitted on 15th October, 2004 and thereafter, a Notice of Motion was taken out by the Respondent being Notice of Motion No.3071 of 2004 wherein this Court had directed that subject to Appellant depositing a sum of Rs.1,00,000/- with the :2: Prothonotary and Senior Master of this Court within six weeks, the operation of the impugned order dated 8th September, 2004 shall remain stayed. The Prothonotary and Senior Master was also directed to invest the said sum in a Fixed Deposit Account of any Nationalised Bank initially for a period of one year and to be renewed thereafter from time to time. The learned Counsel for the Appellant states that the Appellant had deposited the said sum on 2nd December, 2004 pursuant to the aforesaid order dated 2nd November, 2004. 3. After hearing the parties and after considering the facts of the case and specially in view of the fact that today, the amount which was deposited on 2nd December, 2004 in a Fixed Deposit of Nationalised Bank with accrued interest, would be fairly adequate to protect the interest of the Respondent. Under these facts and circumstances of the case, we modify the order of the learned Single Judge directing the Appellant to deposit Rs.2,00,000/- with the Prothonotary and Senior Master, in the sense, we direct that the deposited sum of Rs.1,00,000/- along with accrued interest, be treated as a deposit for grant of conditional leave. The Prothonotary and Senior Master is directed to encash the said Fixed Deposit Account and keep the entire amount as a deposit for the purpose of granting conditional leave in the above suit. The said sum be again reinvested :3: in a fixed deposit in Nationalised Bank, initially for a period of three years and to be renewed thereafter from time to time. 4. The Defendant is permitted to file Written Statement within a period of eight weeks from today. The parties to complete their discovery and inspection within a period of eight weeks thereafter. Appeal stands disposed of accordingly. (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)