1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 53 OF 2010 IN SUMMONS FOR JUDGMENT NO. 64 OF 2009 IN SUMMARY SUIT NO. 2694 OF 2008 WITH NOTICE OF MOTION NO. 398 OF 2010 Update Advertising & Marketing Pvt. Ltd., .... Appellant. vs. ETC Networks Limited . ..... Respondents. Mr. A.C. Mahimkar for the Appellant. Mr. Anoshak Daver a/w Rizvi Nazar Ali for respondents. CORAM : J.N. PATEL, ACTING, C.J. & B.R. GAVAI, J. DATE : 9TH FEBRUARY, 2010. P.C. The appellant has given an undertaking that he will deposit a sum 2 of Rs. 2,36,008/- on or before 22.2.2010 as directed by the learned Single Judge in the impugned order and will file written statement on or before 22.3.2010. In view of this undertaking which is accepted by this Court, the impugned order stands modified accordingly i.e., on the appellant depositing 50% of the principal sum i.e. Rs. 2,36,008/- on or before 22.2.2010 the appellant is permitted to file its written statement in the suit on or before 22.3.2010. Rest of the directions will follow accordingly. The learned counsel for the respondents has no objection if the appeal is disposed of accordingly. The appeal so also the notice of motion stand disposed of accordingly with no order as to costs. (J.N. PATEL, ACTING, C.J.) (B.R. GAVAI, J.)