1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.829 OF 2009 IN SUMMONS FOR JUDGMENT NO.76 OF 2009 IN SUMMARY SUIT NO.23 OF 2009 Amitchand H. Jain ...Appellant v/s Hitesh L. Shah ...Respondent Mr Pankaj Vijayan i/b M/s Intralegal for Appellant. Mr G.G. Dave for Respondent. CORAM : D.K. DESHMUKH AND SMT R.P. SONDURBALDOTA JJ. DATE : 16TH JUNE 2010. 2 P.C. :- 1] Admit. Heard finally by consent of the parties. By consent, appeal is disposed off in following terms. 2] On the defendant  appellant depositing in this Court an amount of Rs.1,00,000/- with due intimation to the plaintiff within a period of four weeks from today, the order dated 6 th April 209 passed in summons for judgment No.76 of 2009 shall stand set aside and that summons for judgment shall stand remitted back to the learned Single Judge for de novo consideration and decision in accordance with law. 3] On the amount being deposited, the plaintiff may be permitted to withdraw the amount on furnishing bank guarantee of a nationalised Bank to the satisfaction of the Prothonotary and Senior Master of this Court and undertaking to this Court to bring back the amount if directed by this Court 3 or on such terms and conditions as directed by this Court. 4] The withdrawal be permitted within a period of six weeks from the date of deposit. If the amount is not withdrawn, it be invested in fixed deposit in a nationalised Bank for appropriate period to the credit of the suit. The learned Single Judge who will consider the summons for judgment shall make proper order in relation to the amount being deposited pursuant to this order while disposing off the summons for judgment. 5] In case the defendant  appellant fails to deposit the amount within the aforesaid period, the Office shall treat this appeal as dismissed. Then the decree holder shall be free to execute the decree. No further orders shall be passed by the executing Court in the execution application filed by the decree holder for a period of four weeks from today and in case the amount is deposited pursuant to this order, execution application shall stand 4 disposed off without any further reference to the Court. Parties to act on the copy of this order duly authenticated by Associate / Private Secretary of this Court. Certified copy expedited. (JUSTICE D.K. DESHMUKH) (JUSTICE SMT R.P. SONDURBALDOTA)