1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 623 OF 1982 The Union of India represented by Joint Chief Controller of Imports) & Exports Bombay. .. Plaintiffs. vs. M/s. Particles Boards India Ltd, & Ors. .. Defendants. Mr. S.R. Rajguru for the plaintiffs. Mr. D.V. Singh i/by Thakordas & Madgaonkar for defendants nos. 1 and 3. CORAM : S.U.KAMDAR, J. CORAM : S.U.KAMDAR, J. CORAM : S.U.KAMDAR, J. DATE : 2nd August DATE : 2nd August DATE : 2nd August,2005. P.C. . In a summons for judgment No. 702 of 1993 by an order dated 1.10.1996 this Court directed the defendant to deposit a sum of Rs. 8 lacs within four weeks from that date and leave to file was granted subject to the said deposit. The learned counsel for defendant nos. 1 and 3 states that the said time to deposit was extended from time to time upto 1998 and thereafter there is no extension. However, he on 4.7.2005 tendered written statement 2 by making a statement in the written statement that the amount is deposited within the time and, therefore, suit must be heard. 2. Today, the learned counsel appearing for defendant nos. 1 and 3 makes a statement that no such deposit is made. In view of the non-deposit, decree must follow. 3. The learned counsel also states that the 2nd defendant has already expired. Accordingly, the 2nd defendant is deleted. In the aforesaid circumstances, I pass the following decree. Defendant nos. 1 and 3 are directed to pay to the plaintiff Rs. 17.26 lacs together with interest at the rate of 8% per annum from the date of decree till payment and/or realisation. 4. Suit is disposed of accordingly. However, there shall be no order as to costs.