1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.266 OF 2006 IN SUMMARY SUIT NO.2833 OF 2005 Gati Limited. ... Plaintiff vs. M/s.Velson's Flash Lights Pvt.Ltd. & another. ... Defendants. --- Ms.Shilpa Kapil, for Plaintiff. Mr.O.A.Das, for Defendants. CORAM: D.K.DESHMUKH,J. DATED: 26th September,2006 P.C.:- By consent of parties, the summons for judgment is disposed of in the following terms:- 1. The defendants shall deposit an amount of Rs.1,05,000/- (Rupees One lakhs Five thousand only) within a period of Four weeks from today with due notice to the plaintiff. 2 2. In case the amount is so deposited, the summons for judgment shall stand disposed of and leave to defend shall stand granted to the defendants. In that event, written statement to be filed within a period of Eight weeks from the date of deposit. 3. In case the amount is not so deposited, the summons for judgment shall stand granted and the suit shall stand decreed in terms of prayer clause of the suit. In that event refund of court fees as per rules. 4. In case the amount is so deposited, the Prothonotary and Senior Master of this Court shall permit the plaintiff to withdraw the amount on furnishing bank guarantee to the satisfaction of the Prothonotary and Senior Master of this Court and on giving an undertaking undertaking therein to re-deposit the amount if so directed by this Court on such terms and conditions as may be directed by this Court, with further undertaking that in the event the amount is required to be re-deposited, the rate of interest shall not be less than 12% per annum. 5. In case the amount is not withdrawn within a period of Six weeks from the date of deposit, the amount shall be invested in fixed deposit in a nationalised bank. 3 ---