1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.455 OF 2009 IN SUMMARY SUIT NO.920 OF 2004 ARMEX INDIA (PVT) LTD. ..PLAINTIFF VS. BURTON INTERNATIONAL ..DEFENDANT Mr. M.S.Kumthekar for Plaintiff Ms. Leela Malu for Defendant CORAM: Smt. ROSHAN DALVI, J. DATED: 26 th March, 2009 P.C.: 1. The case of the respective parties was considered in the Notice of Motion No.2602 of 2008. It was seen that the Defendant would have some defence to the Plaintiff's action and hence the exparte decree was set aside upon Defendant's depositing part of the amount. Defendant was directed to deposit Rs.1,50,000 /- The Plaintiff was entitled to withdraw the amount upon furnishing bank guarantee. The order was passed on 02.09.2008. It is more than 6 months since that order. The amount is not yet deposited. 2 2. The Defendant sought to deposit part amount of Rs.50,000/- with the Prothonotary & Senior Master. Such deposit was not allowed. Hence the Defendant has taken out this Notice of Motion. Defendant has now made arrangement of Rs.1 lac to be deposited. The Defendant's Advocate states that the amount has been paid to her. She can immediately deposit the amount. In the interest of justice the Defendant is directed to deposit Rs.1 lac with the Prothonotary & Senior Master of this court on Monday the 30 th March, 2009. Upon such deposit the suit shall be taken to be restored. No other order on the Notice of Motion. No order as to costs. (Smt. Roshan Dalvi, J)