1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODGING NO. 726 OF 2009 IN SUMMONS FOR JUDGMENT NO.116 OF 2008 IN SUMMARY SUIT NO.2708 OF 2007 Nitin Goel .....Appellant (Org. Deft.) Versus Vodafone Essar Ltd. ...Respondent (Org.Plaintiff) Mr. Anand Kumar & Daulat Jehangir, Advocate for the Appellant. Ms. Parina Talsania i/b. Dholakia Law Associates, Advocate for the Respondent. CORAM : D. K. DESHMUKH & R. V. MORE, JJ. DATED : 29TH APRIL, 2010. P.C.: Admit. 2. By consent of the parties, the appeal is disposed of in the following terms: i) The appellant is granted leave to defend the suit, subject to the condition that within a period of eight 2 weeks from today, the appellant/defendant deposits in this Court, an amount of Rs.63,816/- with due intimation to the plaintiff. ii) On the amount being deposited, the plaintiff shall be permitted to withdraw the amount on furnishing undertaking to redeposit the amount, if so, directed by the Court and on such terms and conditions as may be directed by the Court. iii) Written Statement to be filed within a period of eight weeks from the date of deposit of the amount. Appeal is disposed of. (D. K. DESHMUKH, J.) (R. V. MORE, J.)