1 App(l)223.10 Kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.223 OF 2010 IN SUMMONS FOR JUDGMENT NO.84 OF 2008 IN SUMMARY SUIT NO.1940 OF 2007 ... Relish Pharmaceuticals ...Appellant v/s. Alfa Pharmaceuticals ...Respondents ... Mr.Anil C. Singh i/b S.R.Saudagar for the Appellant. Mr.M.J.Devani for Respondents. ... CORAM: D.K.Deshmukh & Anoop V. Mohta, JJ DATED: 5th April, 2011 P.C.: Admit. Heard learned Counsel for both sides. By consent of parties the appeal is disposed of in following terms: 1. Leave to defend Summary Suit No.1940 of 2007 shall stand granted to the Appellant-Defendant, on the Appellant- Defendant depositing an amount of Rs.3 lac in this court with 2 App(l)223.10 due intimation to the Plaintiff, within a period of four weeks from today. 2. On the amount being deposited the Prothonotary & Sr.Master shall permit the Plaintiff to withdraw the amount on furnishing a bank guarantee of the nationalised bank to the satisfaction of the Prothonotary & Sr.Master and on furnishing an undertaking, undertaking to this court to bring back the amount if so directed by this court and on such terms and conditions as may be directed by this court. 3. Withdrawal shall be permitted within a period of six weeks from the date of deposit. If the amount is not withdrawn within the aforesaid period, the amount shall be invested in fixed deposit in nationalised bank to the credit of the Summary Suit No.1940 of 2007. 4. In case the Appellant-Defendant does not deposit the amount within the aforesaid period, then leave to defend Summary Suit No.1940 of 2007 shall stand denied to the 3 App(l)223.10 Defendant and the Summary Suit No.1940 of 2007 shall stand decreed in favour of the Plaintiff and against the Defendant in terms of prayer clauses (a) & (b) of the suit. 5. Appeal disposed of. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.) 4 App(l)223.10