1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3901 OF 2007 IN SUMMARY SUIT NO.2739 OF 2002 Sushil Kumar Arora & anr. ..Plaintiffs V/s. Indian Counter Equity Dealer & ors ..Defendants Mr.Suraj D. Wasukar, Advocate, for the plaintiffs Mr.Devendra Wadke i/b.M/s.Khaitan & Jaykar, Advocate, for the defenant Nos.1 & 2 CORAM : SMT.R.S.DALVI, J. DATE : 9TH SEPTEMBER, 2008 P.C. . An order for conditional deposit came to be passed on 12th November, 2003 in Summons For Judgment No.836 of 2002 in the above Summary Suit. The amount was not deposited. Hence ex- parte decree came to be passed on 14th July, 2004. The plaintiffs took out an insolvency notice. It is after that the defendants took out this Notice of Motion. The amount of deposit as earlier directed on 2 12th November, 2003 came to be made on 17th December, 2007. 2. It can be seen that for more than four years the amount directed to be deposited has not been deposited. The plaintiffs claimed an interest on the Principal amount at the rate of 24% per annum as per the particulars of the claim (Exh.Q to the plaint). The defendants now seek to have the decree set aside and seek to file their Written Statement to defend the suit. 3. Since the order of deposit was not complied, the suit came to be decreed. When the order of deposit is complied after a delay of more than four years interest at the agreed rate of 24% per annum must be paid before any defence is entered in the suit. 4. Hence, the following order. (i) On the defendants depositing in the Court the amount calculated on the Principal amount of Rs.4,00,000/- at the rate of 24% per annum from 13th November, 2003 to 17th December, 2007 within two weeks from today, the Notice of Motion would be made absolute in terms of prayer clause 3 (a). In that case, the defendants shall be entitled to file their Written Statement within four weeks of the deposit. If the further amount of interest is not deposited within two weeks from today, the Notice of Motion shall stand dismissed. (SMT.R.S.DALVI, J.)