IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2709 OF 2005 NOTICE OF MOTION NO.2709 OF 2005 NOTICE OF MOTION NO.2709 OF 2005 IN IN IN APPEAL NO.751 OF 2005 APPEAL NO.751 OF 2005 APPEAL NO.751 OF 2005 IN IN IN SUMMONS FOR JUDGMENT NO.702 OF 2003 SUMMONS FOR JUDGMENT NO.702 OF 2003 SUMMONS FOR JUDGMENT NO.702 OF 2003 IN IN IN SUMMARY SUIT NO.3867 OF 2001 SUMMARY SUIT NO.3867 OF 2001 SUMMARY SUIT NO.3867 OF 2001 Subhashchandra D. Kachara. ...Appellant V/s. Motilal K. Jain. ...Respondent Mr.Swapnil Bango with Ms.Sangeeta Pal i/b. M/s.Pillai & Co. for Appellant. Mr.S.N. Vaishnawa i/b.N.N. Vaishnawa for Respondent. CORAM : H.L. GOKHALE AND CORAM : H.L. GOKHALE AND CORAM : H.L. GOKHALE AND SMT.R.S. DALVI, JJ. SMT.R.S. DALVI, JJ. SMT.R.S. DALVI, JJ. DATED : OCTOBER 26, 2005 DATED : OCTOBER 26, 2005 DATED : OCTOBER 26, 2005 P.C. :- P.C. :- P.C. :- . Heard learned Counsel for the parties. . All that the learned Single Judge has done is to direct the appellant-original defendant to deposit the amount of Rupees Seven lakhs which has been confirmed by him by written document. Such a suit would be squarely available on the basis of written contract under Order XXXVII Rule 2 of CPC. No reason to interfere. Appeal dismissed. Appellant may deposit the amount within four weeks. ( H.L. GOKHALE, J.) ( H.L. GOKHALE, J.) ( H.L. GOKHALE, J.) (SMT.R.S. DALVI, J.) (SMT.R.S. DALVI, J.) (SMT.R.S. DALVI, J.)