1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE NO.190 OF 2009 IN EXECUTION APPLICATION NO.36 OF 2009 IN SUMMARY SUIT NO.1226 OF 2005 Rajkumar Bhansali. ...Plaintiff. Versus Prakash B. Purohit. ..Defendant. ....... Mr. R.B. Jain i/b.M/s.Legal Juris for the Plaintiff. Mr. Prakash Mali for the Defendant. ...... CORAM : DR. D.Y. CHANDRACHUD, J. May 4, 2009. P.C.: On 22nd November 2005, a Learned Single Judge, in a Summary Suit under Order 37 of the Code of Civil Procedure, 1908, made the Summons for Judgment absolute and decreed the suit. In appeal, the Division Bench, by a judgment dated 19th July 2007, disposed of the appeal by consent and directed that on the Defendant depositing an amount of Rs.7 lakhs with due intimation to the Plaintiff, within a period of twelve weeks, the order of the Learned Single Judge shall stand set aside and leave to defend the suit shall stand granted. However, the appeal was to stand dismissed and the order impugned in the 2 appeal to stand confirmed if the Defendant failed to deposit the amount. The Court has been informed that the Defendant has failed to deposit the amount of Rs.7 lakhs as directed by the Division Bench in appeal. In the circumstances, the decree stands. The notice has been taken out under Order 21 Rule 22 of the Code of Civil Procedure, 1908. The Defendant has been served and appeared through Counsel. The notice is made absolute. The Execution Application is directed to be placed on Board immediately after reopening of the Court on 11th June 2009. ......