IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 458 OF 2007 IN SUMMARY SUIT NO. 3218 OF 2006 Hitendra Madhurdas Dawda .. Plaintiff V/s Raju @ Shaikh Mohammed Sharif .. Defendant Mr.H.N. Thakore i/b Thakore Jariwala & Associates for the Plaintiff. Mr.Pravin Patel for the Defendant. CORAM : S.J, VAZIFDAR, J. DATE : 17TH JULY 2008 P.C.: 1. I am inclined, in the facts and circumstances of this case, to grant leave conditional upon the Defendant depositing a sum of Rs.4,00,000/-. I am informed that an aggregate sum of Rs.4,00,000/- has been deposited in the proceedings under section 138 of the Negotiable Instruments Act. Rs.2,00,000/- have been deposited in the Sessions Court and Rs.2,00,000/- in this Court. I am further informed that by an order of this Court, the Plaintiff has been permitted to withdraw certain amounts upon furnishing security. In view thereof, I am not inclined to direct the Defendant to deposit any amount in this Court at this stage. However, in the event of the Defendant - 2 - succeeding in the proceedings under section 138 of the Negotiable Instruments Act, the amounts deposited therein shall stand transferred to the credit of this suit. In that event, the said amounts shall be invested in fixed deposit of a nationalised bank initially for a period of 3 years and thereafter for the like period of 3 years each. 2. Summons for Judgment stands disposed of accordingly.