Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.2328 of 2008 M/s. United Associates ..Petitioner V/s. Smt. Ranjan Kiritkumar Vora ..Respondent Mr.S.D. Patil for the Petitioner CORAM CORAM CORAM : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. DATED DATED DATED : 9th April, 2008 : 9th April, 2008 : 9th April, 2008 P.C. . Heard Mr.Patil, the Learned Counsel for the Petitioners. 2. By the impugned order dated 14-12-2007 passed by the Learned Civil Judge, Senior Division at Thane, leave to defend Summary Suit no. 1/2006 has been granted subject to the condition of depositing an amount of Rs. 3,10,000/- within two months with the trial Court. 3. The total amount of recovery claimed in the suit is Rs. 5,60,000/-. The Plaintiff has pointed out that an amount of Rs.70,000/- by cheque no. 687976, Rs. 1,90,000/- by cheque no. 687977 and Rs.50,000/- by cheque no.217522 was advanced by way of temporary loan to the defendant and this total amount by cheque payment comes to Rs. 3,10,000/-. The trial Court, therefore, deemed it appropriate to direct the defendant to deposit 2 the said amount as a condition for granting leave to defend under Order-37 Rule-2 of CPC. No interference is called for in the said order but at the sametime it would be appropriate that the deposited amount is made subject to outcome in the pending suit and the plaintiff is not allowed to withdraw till the suit is decided. 4. Hence, the Petition is rejected and it is directed that the deposited amount shall be invested by way of a fixed deposit with a nationalised Bank for a period of six months and to be renewed thereafter till the decision of the suit. Amount to be deposited by 30th April, 2008. [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.]