IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.380 OF 2003 FROM SUMMONS FOR JUDGMENT NO.730 OF 2001 IN SUMMARY SUIT NO.821 OF 2001 Hatimbhai Abbasbhai Saifee ...Appellant Versus Manherlal C.Shah & Anr. ...Respondents ...... Mr.R.M.Pandey with Mr.M.U.Pandey for Appellant. Mr.K.T.Kukreja i/b Kukreja & Co. for Respondents. ...... CORAM: SRI R.M.S.KHANDEPARKAR & CORAM: SRI R.M.S.KHANDEPARKAR & CORAM: SRI R.M.S.KHANDEPARKAR & SRI P.B.MAJMUDAR, JJ. SRI P.B.MAJMUDAR, JJ. SRI P.B.MAJMUDAR, JJ. DATED: APRIL 29, 2008. DATED: APRIL 29, 2008. DATED: APRIL 29, 2008. P.C. P.C. P.C. 1. Heard. 2. By consent, the impugned order is hereby set-aside and the matter is remanded to the learned Single Judge granting leave to the Appellant to defend the Suit, subject to deposit of further amount of Rs.50,000/- (Rupees Fifty Thousand) in : 2 : the Court within six weeks. 3. On such deposit being made, the Respondent shall be at liberty to withdraw the said amount on execution of the Indemnity Bond of the said amount. 4. As regards the amount which has been already deposited pursuant to the order dated 23rd June 2003 in Notice of Motion No.1343/2003, the same amount shall remain invested in any Nationalised Bank and shall be subject to the final decision to be made in the Summary Suit No.821/2001. 5. Appeal accordingly stands disposed of with no order as to costs. P.B.MAJMUDAR, J. R.M.S.KHANDEPARKAR, J.