- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. SUMMONS FOR JUDGMENT NO.199 OF 2006 IN SUMMARY SUIT NO.370 OF 2006 ... Para-Pack ....Plaintiff v/s. Prophyla Biological Pvt.Ltd. and Anr. ....Defendants ... Ms.Mili Thakkar with Ms.Deepti i/b M/s.Gordhandas & Fozdar for the Plaintiff. Mr.Amber Joshi for the Defendant No.1. Mr.Vimal B. i/b Apate & Co. for Defendant No.2. ... CORAM: D.K.DESHMUKH, J. DATED: 7TH AUGUST, 2006 - 2 - P.C.: By consent of parties, summons for judgment is disposed of in following terms: (i) Defendant No.1 shall deposit an amount of Rs.3,72,558/- within a period of eight weeks from today in this court, with due intimation to the Plaintiff. (ii) If the amount is so deposited, this summons for judgment shall stand disposed of and leave to defend shall stand granted to the Defendant No.1. (iii) So far as Defendant No.2 is concerned, it is common ground before me that the Defendant No.2 is a formal party and no decree against the Defendant No.2 is sought. Therefore, in that event the Defendant No.2 shall also be entitled to file his written statement. Written statement to be filed by both the Defendants within a period of eight weeks from the date of deposit. - 3 - (iv) In case the amount is not so deposited, summons for judgment shall stand granted and the suit of the Plaintiff shall stand decreed against the Defendant No.1 in terms of prayer clauses (a) & (b) of the suit. In that event, the Plaintiff would be entitled to refund of court fees as per rules. (v) In case the amount is deposited by the Defendant No.1, the Plaintiff shall be permitted to withdraw the amount on furnishing the bank guarantee to the satisfaction of the Prothonotary & Sr.Master and filing an undertaking to redeposit the amount, if so directed by this Court and on such terms and conditions as may be directed by this Court, and further undertaking that in the event of redeposit the rate of interest shall not be less than 12% p.a. (vi) Withdrawal be permitted within a period of eight weeks from the date of deposit. If the Plaintiff does not withdraw the amount within the aforesaid period, then the amount be invested in fixed deposit in any nationalised bank during the pendency of the suit. (Vii) Summons for judgment disposed of. - 4 - ...