1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO.149 OF 2004 IN SUMMARY SUIT NO.3900 OF 2003 HICO International .. Plaintiffs Versus Maytag Udyog Pvt.Ltd. .. Defendants Mr.Chirag Balsara with Ms.Gadhykar i/b. Divya Shah & Associates for plaintiffs Mr.A.Joshi i/b. Nivit Srivastava for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 19th March 2009. P.C. . On this summons for judgement an order was passed on 20th January 2005 making the same absolute and passing a decree in favour of the plaintiffs and against the defendants in the sum of Rs.27,01,341/- with interest at 12% on the principal sum and costs. 2. Upon the Notice of Motion No.2140 of 2005 2 being moved, the learned Single Judge of this Court passed an order directing the defendant to deposit a sum of Rs.14 lakhs and furnishing bank guarantee of Rs.13 lakhs. The amount deposited was directed to be invested and the plaintiff was permitted to withdraw the sum deposited on furnishing of bank guarantee of a Nationalised Bank with an undertaking that the amount will be brought back in case so directed by the Court with interest. This is the conditional order on this motion by which the decree/ order made earlier was set aside. 3. It is undisputed that the sum of Rs.14 lakhs is deposited in this Court and is invested. Plaintiff has not withdrawn the same. For the balance sum, Bank guarantee for Rs.13 lakhs is also furnished. 4. Both sides were heard at length and they have agreed that this summons for judgement can 3 be disposed of without reasoned order. Accordingly, this summons for judgement is made absolute to the extent that the plaintiff will be entitled to withdraw the sum of Rs.14 lakhs with accrued interest and the Prothonotary & Senior Master to permit the plaintiff to withdraw the said sum on production of an authenticated copy of this order. 5. Plaintiffs’ Counsel state that he has instructions to make a statement that plaintiffs give up the balance claim and, therefore, this summons for judgement be disposed of by directing that the bank guarantee for a sum of Rs.13 lakhs be discharged and returned to the defendants. Even that be done on production of authenticated copy of this order. 6. Since the summons for judgement is disposed of in this manner, there is no need to keep the summary suit pending and even that also 4 stands disposed of. In other words, there will be a decree in the aforesaid sum together with interest and the said sum being already deposited in the Court, no further orders and directions are necessary. Therefore, for the balance sum, no relief is claimed. The suit is disposed of, accordingly with liberty to the plaintiffs to claim refund of court fees which shall be granted as per rules. 7. Needless to state that after the plaintiffs take away the sum of Rs.14 lakhs together with interest accrued, the decree in this suit to the extent of this sum to stand marked fully satisfied. No costs. (S.C.Dharmadhikari, J)