1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 872 OF 2009 IN SUMMARY SUIT NO. 1386 OF 2005 Time Prints ....Plaintiff Versus M/s. Donear Industries Ltd. ....Defendant Mr. Vipul Shukla, Advocate for the Plaintiff. CORAM : R. V. MORE, J. DATE : 29th JANUARY, 2010. P.C. : Heard learned Counsel for the Plaintiff. None appears on behalf of the Defendant though served and affidavit of service to that effect is also filed. 2. This chamber summons is taken out by the Plaintiff for direction to the Prothonotary & Senior Master to pay to the Plaintiff a sum of Rs.98,250/- alongwith interest which amount was deposited by the Defendant in Company Petition No.559 of 2003 and was later on transferred to the credit of the present suit account. 3. The Plaintiff initially filed a Company Petition No.559 of 2003 against the Defendant for winding up. This Petition was disposed of by an Order dated 2 16th December, 2004 of this Court in terms of the Minutes of Order. Under the said minutes of order, the Defendant was to deposit an amount of Rs.98,250/- and on failure to deposit such amount within the stipulated period of four weeks, the Petition was to be admitted. In the event of deposit as above, the Plaintiff was obliged to file suit for recovery of claim and the above amount was directed to be credited to the said suit account. The Defendant after this order deposited an amount of Rs.98,250/- which amount was subsequently credited to the present suit account. 4. The present suit was filed for recovery of an amount of Rs.1,59,900/- alongwith the interest at the rate of 30% on principal amount of Rs.64,843/-. The Plaintiff took out summons for judgment. After hearing the Plaintiff and Defendant, this Court granted conditional leave to the Defendant to defend the suit on deposit of sum of Rs.65,000/-. While granting this leave the Court considered earlier deposit by the Defendant in Company Petition which was credited to the account of the present suit. The Defendant did not comply with the Order of deposit and therefore, the suit was decreed under the provisions of Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. 5. In the above facts and circumstances, the present chamber summons is filed for withdrawal of sum of Rs.98,250/- which stands credited to the account of the present suit, since the suit is decreed. The aforesaid facts are not disputed or controverted by the Defendant either by remaining present in the present proceeding or filing any reply thereto. The above suit filed by the 3 Plaintiff is already decreed and therefore, he is entitled to recover from the Defendant the decretal amount. The above said amount of Rs. 98,250/- is credited to the present suit account and therefore, in my view, the Plaintiff is entitled to withdraw this amount alongwith interest and adjust towards part satisfaction of the decree. In the circumstances, the chamber summons is granted in terms of prayer clause (a) and (b). Sd/- (R. V. MORE, J.)