1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO.682 OF 2009 IN NOTICE OF MOTION NO.3010 OF 2006 IN SUMMONS FOR JUDGEMENT NO.680 OF 2005 IN SUMMARY SUIT NO.1697 OF 2005 WITH NOTICE OF MOTION NO.3911 OF 2009 M/s.Anju Plastics ...Appellant Versus S.S.Agarwal, HUF as Karta & Proprietor of M/s.Karan Steel ...Respondent ...... Mr.A.K.J.Panicker i/b Ajay Law Associates for Appellant. Mr.T.J.Pandian for Respondent. ...... CORAM : A.M.KHANWILKAR AND A.P.DESHPANDE, JJ. DATED : DECEMBER 19, 2009. P.C. : 1. This Appeal takes exception to the Judgment passed by the learned Single Judge dated 30th September 2008 in Notice of Motion No.3010 of 2006. The Respondent filed Summary Suit, in 2 which took out Summons for Judgment. The parties invited order on 5th June 2006 whereunder the Appellant was obliged to deposit amount of Rs.1,07,910/- along with interest within twelve weeks from the date of the Order. The Appellant, however, failed to do so. Instead, the Appellant filed Notice of Motion No.3010 of 2006 one day after the expiry of the time specified in the order. That Notice of Motion, however, has been dismissed, which order is subject matter of present Appeal. The parties have now agreed for the following arrangement: (1) The Appellant shall deposit sum of Rs.1,07,910/- along with 9% interest accrued thereon from the date of the order till the date of deposit. Such amount shall be deposited within four weeks from today. (2) The Respondent would be entitled to withdraw the amount so deposited by the Appellant in this Court on furnishing sufficient security to the satisfaction of the Prothonotary & Senior Master, which will be condition precedent for withdrawal of the said amount. This arrangement will be without prejudice to the rights and contentions available to both parties, which will have to be 3 adjudicated in the Suit which would stand restored to the file to its original number in terms of this arrangement. (3) It is agreed between the parties that the effect of this order is to recall the conditional order specifying time limit and instead, the same would stand extended for a period of four weeks from today, failing which, the conditional decree passed by the Court on 5th June 2006 shall stand revived. (4) The Appellant shall file written statement within four weeks from today. All questions are left open. (5) Appeal stands disposed of on the above terms. (6) In view of the above order, all derivative proceedings stand disposed of. A.P.DESHPANDE, J. A.M.KHANWILKAR, J.