1 SS3267.06.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3267 OF 2006 Suryakant B. Shah. ... Plaintiff. V/s. Amico Pesticides Limited. ... Defendants. Ms. Jaishree Suratee i/b. Motiwala & Co. for the Plaintiff. None for the Defendants. CORAM : R.Y. GANOO, J. DATED : 18th OCTOBER 2010. P.C. :- This Summary Suit was filed by the Plaintiff. Summons for Judgment No.31 of 2007 was taken out by the Plaintiff. By order dated 3rd May 2007, the Defendants were directed to deposit in this Court a sum of Rs.3,93,000/- on or before 28th June 2007. The Defendants have failed to comply with this order. Non-deposit certificate dated 8th February 2008 is produced in the Court. 2. Learned Counsel for the Plaintiff prayed for decree for non-compliance of the order for non-deposit of money and on the basis of provisions of order XXXVII Rule 3(vi)(b) of C.P.C. 3. Perused record. The Plaintiff is entitled to decree as prayed for non-compliance of the order dated 3rd May 2007 2 SS3267.06.sxw regarding deposit of monies in the order passed in the Summons for Judgment. 4. Hence, following decree is passed :- (i) Defendants do pay to the Plaintiff Rs.13,58,904/-. (ii) Defendants do pay to the Plaintiff interest at the rate of 24% per annum on Rs.5,49,979/- from the date of the filing of the Suit till realization. (iii) Defendants do pay to the Plaintiff costs of the Suit. (iv) Refund of Court fees granted as per Rules. (v) Issuance of the certified copy of decree is expedited. (R.Y. GANOO, J.)