pvr 1 a295-10 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.295 OF 2010 IN NOTICE OF MOTION NO.4277 OF 2009 IN SUIT NO.2710 OF 1997 1.ISIBARS Ltd. & Anr. ...Appellants vs. Jawahar P.Kanungo. ...Respondent --- Mr.Kezer Kharawala i/b. R.K.Associates, for Appellants. Mr.U.J.Makhija i/b. M/s.Mulla & Mulla, for Respondent. --- CORAM: D.K.DESHMUKH & ANOOP V.MOHTA, JJ. DATED: 22nd March,2011 P.C.: 1. This appeal was before the Court on 14.9.2010. On that day, the following order is pvr 2 a295-10 passed:- None appears for the appellant when called out. Last chance is given to the learned Counsel for the appellants to argue the matter. Stand over to 29-09-2010. Appeal may be placed for admission along with the notice of motion, on that day. The matter appeared before the Court again on 4.10.2010. The following order is passed on that day:- Learned Counsel for the appellants seeks one week s time to get consent of his clients as to whether the appellants are ready and willing to deposit 50% of the disputed amount or not. He has assured that he would keep[ his clients present on the next date of hearing. Adjourned to 11th October,2010. Then the matter appeared before the Court on 22.10.2010. A statement was made before the Court that the Appellant is willing to deposit Rs.50 lacs within a period of two months which amount pvr 3 a295-10 can be withdrawn by the respondent. Time was sought from the Court for filing undertaking. The order reads as under:- The learned Counsel for the Appellant states that the Appellant is willing to deposit Rs.50 lacs within a period of two months from today which amount can be withdrawn by the respondent/plaintiff subject to the outcome of suit, in case the suit is allowed to be restored. 2. For filing undertaking, adjourned to 19.10.2010. Then matter appeared before the Court on 19.10.2010. However, the undertaking was not filed. A request was made to the Court to grant two weeks time to file undertaking. Again it was reiterated that the appellant is willing to deposit an amount of Rs.50 lacs. The matter was adjourned to 16.10.2010. Order dated 19.10.2010 reads as under:- Learned Counsel for the appellants requests that the matter may be pvr 4 a295-10 adjourned by two weeks in order to enable the appellants to file an undertaking by that time and state that the appellants are willing to deposit Rs.50 lacs as ordered by this Court on 11.10.2010. In order to enable the appellants to file such an undertaking, adjourned to 16.11.2010. Thereafter, the matter is listed before us. Admittedly neither amount has been deposited nor undertaking has been given. The learned Counsel appearing for appellants again seeks time. In our opinion, considering the conduct of the appellants, the matter cannot be adjourned. The appeal is, therefore, rejected. As the appeal itself is disposed of, notice of motion no.1840/10 does not survive for consideration. It is disposed of. (D.K.DESHMUKH,J.) (ANOOP V.MOHTA,J.)