1 15.nms-507-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 507 OF 2010 IN SUMMARY SUIT NO. 1546 OF 2006. Kinjal Arpit Modi. ..Plaintiff. vs. Suresh Keshavlal Shah & Anr. ..Defendants. .... Mr. Ramesh Jain, for Plaintiff. Ms. Hina A. Mody, for Defendant No.2. .... CORAM : S.J. KATHAWALLA, J. DATE : 26TH APRIL 2011. P.C. : The learned Advocate appearing for the Defendant No.2 undertakes to deposit the principal amount of Rs.1,20,000/- with the Prothonotary and Senior Master of this Court within 15 days from today. The undertaking is accepted. 2. In view thereof, the ex-parte decree dated 6th December 2006 is set aside. However, it is clarified that if the Defendant No.2 fails to deposit the said amount of Rs.1,20,000 as undertaken before this Court, the Notice of Motion shall forthwith stand dismissed and the Decree dated 6th December 2006 shall continue to be in force. 3. The Notice of Motion is accordingly, disposed of. [ S.J. KATHAWALLA, J. ]