pvr １ a457-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.457 OF 2009 IN SUMMARY SUIT NO.2425 OF 2007 Prashanth Projects Ltd. ...Appellant vs. Yash Enterprises. ...Respondent --- Mr.Udaypuri i/b. Mr.Jafar Shaikh, for Appellant. Mr.H.V.Chande, for Respondent. --- CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 25th July,2011. P.C.:- By consent of parties, the appeal is disposed of in the following manner:- 1. On the appellant depositing further pvr ２ a457-09 amount of Rs.8,00,000/- (Rupees Eight lacs only) in this Court with due intimation to the plaintiff, the appeal shall stand allowed and the order impugned shall stand set aside and the summons for judgment shall stand restored to the file of the learned Single Judge. Then the defendant shall be entitled to file an application for leave to defend within a period of Eight weeks from the date of deposit. Thereafter, the learned Single Judge shall hear the summons for judgment and dispose it of in accordance with law. 2. On the amount being deposited, the Prothonotary & Sr.Master of this Court shall permit the original plaintiff-respondent to withdraw an amount of Rs.8,00,000/- in deposit, and the amount of Rs.2,00,000/- with accruals thereof which has been previously deposited by the defendant. The Prothonotary & Sr.Master of this Court shall permit the plaintiff to withdraw pvr ３ a457-09 the amount on filing an undertaking, undertaking therein to bring back the entire amount withdrawn from the Court including the amount which was withdrawn earlier under order dated 9.3.2010, if so directed by this Court on such terms as may be directed by the Court. The disposal of the amount deposited shall be subject to the order that the learned Single Judge may pass on the Summons for Judgment. The learned Single Judge shall make appropriate order about the amounts deposited pursuant to interim order dated 9.3.2010 passed in this appeal and by this order at the disposal of the Summons for Judgment. All the contentions available to both the sides are kept open. In case the appellant does not deposit the amount as directed above, the appeal should be treated as dismissed. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)