1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2911 OF 2009 IN SUMMARY SUIT NO.1447 OF 2005 Suresh N. Rasal ...Plaintiff. V/s Jagdish Assan Golani ...Defendant. Ms. S.A. Dhamale for plaintiff. None for defendant. CORAM: V.M. KANADE, J. DATE : 21ST AUGUST, 2009 P.C.: 1. Heard the Counsel appearing on behalf of plaintiff. None appears on behalf of defendant though he is served. 2. Plaintiff has filed this summary suit against the defendant under Order XXXVII rule 4, seeking a decree against defendant for an amount of Rs 10,40,312/- alongwith further interest on the principal amount of Rs 4,50,000/- from the date of filing of the suit till realization thereof and costs of the suit. Plaintiff had taken out notice of motion No.4065 of 2006 in 2 which plaintiff had prayed that LIC should not dispose of the property of defendant without informing the plaintiff. Accordingly, a direction was given by this Court by an order dated 4/12/2006. Thereafter, LIC authorities informed this Court that the property had been sold and the dues of the LIC were adjusted and the balance amount would be deposited in this Court. A direction was accordingly given by this Court by an order dated 16/7/2007 in the said notice of motion, directing LIC to deposit the said balance amount in this Court. Accordingly, LIC has now deposited an amount of Rs 23,88,000/- in this Court. 3. Plaintiff has taken out this Notice of Motion seeking withdrawal of the decretal amount. Plaintiff is willing to give bank guarantee for withdrawing the said amount. 4. Since none appears on behalf of defendant and no reply has been filed by defendant and a statement is made by the learned Counsel for plaintiff that defendant has informed the plaintiff that he has no objection if the said amount is allowed to be withdrawn by the plaintiff, the Plaintiff is permitted to withdraw the said amount of Rs 10,40,000/- subject to plaintiff giving bank guarantee of a Nationalized Bank for the said 3 amount. 5. Notice of Motion is allowed in the aforesaid terms and disposed of. 6. Suit is directed to be placed for ex parte decree in the next next week. Stand over for one week. (V.M. KANADE, J.)