*1* ss.1653.09.960.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1653 OF 2009 Jignesh H. Mehtalia. ..Plaintiff -versus- Vamsi Labs Ltd.. ..Defendants ............ Mr.M.J.Dewani a/w Dr.Deepti Mukesh, for the Plaintiff. None for the Defendants. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 27th September, 2011. P.C.: 1 It is stated that in this summary suit, appearance was filed on behalf of the Defendants and therefore, the Summons for Judgment No. 484/2009 was taken out. That was duly served on the Defendants, but they did not appear despite duly served. After hearing Mr.Devani, learned counsel appearing for the Plaintiff on 21.12.2010 on this Summons for Judgment, a conditional order was passed. The Defendants were given leave to defend the suit on deposit of Rs.85,000/- within a period of 12 weeks from 21.12.2010. Non Deposit Certificate issued by the Prothonotary & Senior Master evidences that this sum has not been deposited by the Defendants. 2 On reading of the order passed on the Summons for Judgment and the contents of the plaint, so also, on scrutiny of the original documents, I am satisfied that an exparte decree can be passed for failure of the Defendants to abide by and comply with the conditions imposed while granting leave to defend. Since the Court has already *2* ss.1653.09.960.sxw recorded its satisfaction that it has jurisdiction to entertain and try the suit and the claim is not barred by limitation, the original documents are taken on record and marked as “X collectively” for identification. There will be decree as prayed. Refund of the court fees as per rules. Advocate’s costs to be computed as per rules. Non Deposit Certificate is marked X-1 for identification. (S.C. Dharmadhikari, J)