IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 871 OF 2008 FIRST APPEAL NO. 871 OF 2008 FIRST APPEAL NO. 871 OF 2008 With CIVIL APPLICATION NO. 5710 OF 2007 Krishnamurti Foundation India ... Appellant (Org. Defendant) Versus M/s. B.S.Mohite & Company ... Respondent (Orig. Plaintiff) Mr. S.B.Deshmukh, Advocate, for the appellant. Mr. U.S.Samudrala, Advocate, for the respondent. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE: 22nd July, 2008. DATE: 22nd July, 2008. DATE: 22nd July, 2008. P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. 2. Special Civil Suit No.2144 of 1996 was filed by the plaintiff-respondent in the Court of Civil Judge, Senior Divion, Pune, for recovery fo certain amount. The defedant though appeared, but did not file any written statement. After hearing evidence led by the plaintiff, the trial Court partly decreed the suit and directed the appellant-defendant to pay certain amount with simple interest at 6% per annum from 3.1.1994. The defendant-appellant has already deposited the entire decretal amount beore the trial Court. 3. After some discussion, learned Counsel for both parties agreed that the appeal may be allowed and the suit may be remanded back to the trial Court with liberty to the defendant to file written statement within specificied time. 4. Therefore, the Appeal is allowed. The impugned decree is hereby set aside and the suit is remanded back to the trial Court with liberty to the defendant-appellant to file written statement within six weeks from this date and the trial Court shall thereafter expedite the hearing and dispose of the matter preferably by the end of 2008. The plaintiff-respondent shall be at liberty to move an application before the trial Court for withdrawal of the decretal amount deposited by the defendant. If such an application is made, the trial Court shall allow that application subject to the defendant furnishing bank guarantee for the said amount. 5. As the Appeal itself is finally disposed of, the Civil Application does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)