:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO. 5541 OF NO. 5541 OF NO. 5541 OF 1998 1998 1998 Canara Bank. ... Plaintiff. V/s. Mrs. Rinki S. Gandhi. ... Defendant. Mr. Subhash K.S. i/b. Umesh Shetty & Co. for the Plaintiff. None for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 31ST 31ST 31ST MARCH 2009. MARCH 2009. MARCH 2009. P.C. P.C. P.C. : : : . This is a Summary Suit. A conditional order was passed on 30th January 2001 by this Court granting the Defendants conditional leave to defend the Suit on deposit of sum of Rs.2,80,000/- within a period of eight weeks. 2. The sum has not been deposited, as is clear from the Non Deposit Certificate issued by the Prothonotary and Senior Master of this Court on 29th April 2002. 3. Consequences in law are clear inasmuch as if there is a failure to comply with this condition, then, the Plaintiffs are entitled to a Judgment. Accordingly, the Plaintiffs have produced the original documents alongwith a list. Both the Non Deposit Certificate and the documents are taken on record and marked ‘X’ and ‘X-1’ for identification. :2: 4. The Plaintiffs’ Counsel therefore prays for an Exparte Decree. Considering that the order passed by this Court has not been complied with and in law, the Plaintiffs are entitled to apply for a Judgment, there will be a Judgment in favour of the Plaintiffs and against the Defendant. The Suit is, therefore, decreed as prayed. Advocate’s costs to be computed as per Rules. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)