1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3608 OF 1997 Alembic Chemical Works ..Plaintiffs versus Mega Chemele Industries Ltd. ..Defendants Mr. H.V.Chande for the Plaintiffs None for the Defendants CORAM : DR. D. Y. CHANDRACHUD , J. DATED : 25th August, 2009. P.C. : 1. A Summons for Judgment was taken out in a Summary Suit, which was instituted under Order XXXVII of the Civil Procedure Code, 1908. By an order dated 2 nd July 2002, a Learned Single Judge of this court, granted conditional leave to the Defendants to defend the suit, on a deposit of an amount of Rs.12,59,767/-, within twelve weeks. In the event, the Defendants failed to deposit the amount, the Plaintiffs were granted liberty to apply for further orders. 2. Counsel appearing on behalf of the Plaintiffs has placed on 2 record a certificate of non deposit dated 10 th August 2009, issued by the Prothonotary and Senior Master. 3. Since the Defendants have failed to comply with the order of this court, the Plaintiffs will be entitled to the Judgment under order XXXVII Rule 3(6)(b) of the Civil Procedure Code, 1908. The suit is accordingly decreed as prayed, with the modification that the Plaintiffs will be entitled to the interest @ 9% p.a. from the date of the suit until payment or realisation. There shall be a refund of Court fees, if any, as per rules. (DR. D. Y. CHANDRACHUD, J.)