1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.493 OF 2008 IN SUMMONS FOR JUDGMENT NO.406 OF 2006 IN SUMMARY SUIT NO.884 OF 2006 1.M/s.Shah & Modi Developers and others. ...Appellants vs. Mr.Hemant C.Pandya. ...Respondent AND APPEAL NO.494 OF 2008 IN SUMMONS FOR JUDGMENT NO.735 OF 2004 IN SUMMARY SUIT NO.1964 OF 2004 1.M/s.Shah & Modi Developers and others. ...Appellants vs. Mrs.Kalpana Yagnik. ...Respondent AND APPEAL NO.450 OF 2008 IN SUMMONS FOR JUDGMENT NO.740 OF 2004 IN 2 SUMMARY SUIT NO.1965 OF 2006 1.M/s.Shah & Modi Developers and others. ...Appellants vs. Urvee Hemant Pandya. ...Respondent --- Mr.T.G.Vora, for appellants. Msr.B.R.Zaveri, for Respondents. CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 14th January, 2009. P.C.:- By consent of parties all the three appeals are taken up for final disposal and they are disposed of in the following terms:- 1. The order impugned in the appeals is set aside and the defendants are granted leave to defend the suit subject to the following conditions:- 3 (i) That on or before 30.6.2009 the defendants shall deposit in this Court, with due intimation to the plaintiffs, the decreetal amount as per the decree passed by the learned single Judge by the order impugned in these appeals. (ii) If the amount is not so deposited by 30.6.2009, these appeals shall be treated as dismissed, and then the plaintiffs shall be free to execute the decree. (iii) In case, the amount is so deposited, the office shall permit the plaintiffs to withdraw the amount so deposited, on furnishing bank guarantee to the satisfaction of the Prothonotray and Senior Master of this Court and on filing an undertaking in this Court to bring back the amount if so directed by this Court and on such terms and conditions including rate of interest as may be directed by this Court, within a period of two weeks from the date of deposit. 4 (iv) If the amount in deposit is not withdrawn within the aforesaid period of two weeks, it shall be invested in fixed deposit in a nationalised bank to the credit of the suit. (v) Written statement be filed within a period of Eight weeks from the date of deposit of the amount. The appeals are disposed of. The learned Counsel appearing for parties state that their respective clients are present in the Court and they are giving consent for the order after taking instructions from their respective clients. (D.K.DESHMUKH, J.) (A.A.SAYED,J.) 5 ---