-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 278 OF 2006 APPEAL NO. 278 OF 2006 APPEAL NO. 278 OF 2006 IN IN IN SUMMONS FOR JUDGMENT NO. 602 OF 2005 IN SUMMARY SUIT NO. 3656 OF 2004 Kanayo Khubchand Motwani ..Appellant. V/s. RMC Readymix (I) Pvt. Ltd. ..Respondents. --- Mr. I. M. Chagla, Sr. Advocate with J.P. Sen i/by M/s. Federal & Rashmikant for the Appellant. Mr. Shekhar Shetye with Ms. Nina Kapadia i/by Pandya Gandhi & Co. for the Respondents. ----- CORAM : DR. S. RADHAKRISHNAN & CORAM : DR. S. RADHAKRISHNAN & CORAM : DR. S. RADHAKRISHNAN & S. J. VAZIFDAR, JJ. S. J. VAZIFDAR, JJ. S. J. VAZIFDAR, JJ. DATED : 26TH APRIL, 2006 DATED : 26TH APRIL, 2006 DATED : 26TH APRIL, 2006 PC PC PC : 1. Heard learned Senior counsel for the Appellant and the Respondents. 2. Appeal is admitted. 3. The learned counsel for the Respondents waives service. By consent, the Appeal is taken up for final hearing. 4. By this Appeal, the Appellant is challenging the -: 2 :- order dated 21st March, 2006, wherein the learned single Judge has granted conditional leave to defend in a Summary Suit, directing the Appellant to deposit a sum of Rs.80,00,000/- (Rs.Eighty lakhs) in this court. 5. After hearing the parties for some time, both the learned counsel appearing on behalf of the Appellants and Respondents agree to the following order being passed and both of them categorically state that no reasons need to be given :- i. The Appellant is granted leave to defend the above suit conditional upon the Appellant, without prejudice to his rights and contentions, depositing a sum of Rs.50,00,000/- (Rs.Fifty lakhs) with the Prothonotoary and Senior Master of this Court within eight weeks from today. ii. On such deposit being made, the Prothonotary and Senior Master to hand over the keys of the said flat to the Appellant. iii. The Prothonotary and Sr. Master is directed to allow the Respondents to withdraw the said amount of Rs.50,00,000/- forthwith. -: 3 :- iv. The impugned order stands modified accordingly. 6. Appeal stands disposed of accordingly, however, with no order as to costs. (Dr.S.Radhakrishnan,J) 26.4.2006 (S.J. Vazifdar, J) .....