1 wp no. 399 of 2008 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO. 399 OF 2008 M/s. Sujay Chemicals and Others ... Petitioners Versus M/s. Pacific Organic Pvt. Ltd. .. Respondent Mr. Sandesh Patil, Advocate for the petitioners. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : OCTOBER 25, 2010 P.C. 1. This petition is preferred to challenge the order dated 13.12.2007 passed by the Civil Judge, Senior Division, Kalyan on the application at Exh. 9 in in Misc. Petition No. 126 of 2007 filed in Summary Suit No. 1 of 2001. 2. The respondent is absent despite service. 3. Respondent had filed Summary Suit No. 1 of 2001 against the petitioners for recovery of sum of Rs.7,96,797/- as the price of goods sold and delivered. The suit was decreed exparte against the petitioners on 6.8.2001. The petitioners application for setting aside 2 wp no. 399 of 2008 the exparte decree under Order 9 Rule 13 is pending in the trial Court. He had filed an application at Exh. 9 for stay of execution in which the impugned order came to be passed directing the petitioners to deposit the sum of Rs. 5 lacs. in the court. Mr. Patil, the learned counsel for the petitioners states that pursuant to the order passed in this petition, the petitioner has deposited the sum of Rs. 3 lacs. in the trial Court. He submits that the petition may be disposed of with a modification of the amount of deposit from Rs. 5 lacs. to Rs. 3 lacs. with a direction that the amount may remain in the suit account and will be subject to the decision of his application under Order 9 Rule 13 of C.P.C. 4. In view of the above, the direction to deposit of amount in the impugned order dated 13.12.2007 is modified from Rs. 5 lacs to Rs. 3 lacs. The amount deposited by the petitioner will remain in the suit account and will be subject to the result in the application for setting aside the exparte decree. Petition accordingly disposed off. (SMT. R.P. SONDURBALDOTA,J.)