1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3009 OF 2006 IN SUMMONS FOR JUDGMENT NO.679 OF 2005 IN SUMMARY SUIT NO.1674 OF 2005 S.S.Agarwal, HUF, as Karta & Proprietor of ..Plaintiff M/s.Karan Steel V/s. Elcy Varghese Proprietor of Binu Plastic .. Defendant Engineering Mr.T.J.Pandian i/b.M/s.T.J.Pandian, Advocate, for the plaintiff Mr.A.G.Toraskar, Advocate, for the applicant/defendant CORAM : R.M.SAVANT, J. DATE : 30TH SEPTEMBER, 2008 P.C. . The applicant, who is the original defendant in Summary Suit No.1674 of 2005 seeks variation/modification of the order dated 5th June, 2006 of this Court. He further prays that he be permitted to deposit the amount of Rs.4,33,044/- which was ordered to be 2 deposited by this Court by virtue of the said order dated 5th June, 2006 passed in Summons for Judgment No.679 of 2005. 2. In view of the non-compliance of the said order dated 5th June, 2006, a decree has already been passed and resultantly consequences of the non-compliance of the said order have already taken effect. In view of the decree passed, the reliefs sought in the above Notice of Motion have become infructuous. Notice of Motion is accordingly rejected. 3. The learned counsel for the applicant/defendant states that the matter could be amicably settled. The learned counsel for the plaintiff states that if any proposal is received, the same would be considered. (R.M.SAVANT, J.) 3