1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3735 OF 2002 Laxmichand Jakubhai Vira .. Plaintiff Versus Deepak Khimji Chheda .. Defendant Mr.Paras Vira for plaintiff None for defendant CORAM : S.C.DHARMADHIKARI, J. DATE : 7th April 2008 P.C. . In this summary suit, a summons for judgement being S.J.No.675 of 2003 was moved. That was placed before me on 11th July 2005 and after hearing both sides and referring to rival contentions, a conditional order was passed directing defendant to deposit in this Court a sum of Rs.11,50,000/- within three months from the date of the order. 2 2. Plaintiff’s Advocate informs me that there is a certificate from the Prothonotary & Senior Master of this Court to the effect that this order has not been complied with and no deposit has been made within the stipulated time. In such circumstances all opportunities which were granted to the defendant to make good cases as pleaded in the affidavit in reply have not been availed of. There is nobody to explain as to whether the order has been complied with or whether any additional time is sought from the Court or whether the order was challenged in appeal and if so, outcome thereof. 3. I am informed that the original documents are lodged with Sessions Court, Seweree and therefore, certified true copies thereof have been filed on 7th June 2007. The same are taken on record and marked "X". 3 4. In such circumstances, considering the mandate of Order XXXII of C.P.C. there shall be a decree as prayed in favour of plaintiff and against the defendant. Advocate’s cost and refund as per rules. (S.C.Dharmadhikari, J)