IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.4191 OF 1998 Kotak & Co. Pvt Ltd. ..Plaintiffs Vs. Tuticorin Textiles Pvt Ltd. ..Defendants Mr. Y. Divekar i/b Divekar & Co. for the Plaintiffs None for the Defendants CORAM: DR. D.Y. CHANDRACHUD, J. 1st September, 2009. P.C. : 1. In a Summary Suit instituted under order XXXVII of the Civil Procedure Code, 1908, conditional leave to defend the suit was granted to the Defendants, by an order dated 31st July 2000, subject to a deposit of an amount of Rs.3,00,000/- within 12 weeks. On 9th August 2007, the Division Bench, while disposing of an Appeal against the order of the Learned Single Judge, passed an order by consent requiring the Defendants to deposit Rs.2,00,000/- with 6 weeks, failing which, the suit was to stand decreed in terms of prayer clause (a). The Prothonotary and Senior Master has issued a non deposit certificate dated 4th August 2009, stating that the Defendants have not deposited the amount of Rs.2,00,000/-, in pursuance of the order of the Division Bench dated 9th August, 2007. 2. In the circumstances, the suit shall accordingly stand decreed in terms of prayer clause (a). Ordered accordingly. (Dr. D.Y,Chandrachud, J.)