: 1 : IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.951 OF 2008 OF MOTION NO.951 OF 2008 OF MOTION NO.951 OF 2008 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.4011 OF 1990 SUIT NO.4011 OF 1990 SUIT NO.4011 OF 1990 Punjab National Bank .. Plaintiffs. Versus M/s.Ramakem Ltd. .. Defendants. Mr.M.R.Malia ripathi i/b.K.V.V. Kurup for plaintiff. None for defendants. CORAM CORAM CORAM : V. C. DAGA, J. : V. C. DAGA, J. : V. C. DAGA, J. DATED DATED DATED : 28th March, 2008. : 28th March, 2008. : 28th March, 2008. P.C.:- P.C.:- P.C.:- 1. The plaintiff has filed this summary suit for the recovery of their dues from the defendants in the sum of Rs.5,88,170.24. 2. By an order dated 23rd March, 1993, learned Single Judge of this Court (Jhunjhunwala, J.) (as he then was) was pleased to grant leave to the defendants to defend the suit subject to deposit of Rs.2,40,000/-. In the event of deposit, the Prothonotary and Senior Master of this Court was directed to invest this amount with any nationalised Bank initially for a period of one year. The plaintiff Bank has withdrawn the suit since compromised out of Court. This Court allowed plaintiff to withdraw suit unconditionally by an order dated 15th October, 2007 passed by Shri.Khanwilkar, J. However, no order with respect to the deposit of Rs.2,40,000/- was made. : 2 : 3. Learned Counsel appearing for the defendants submits that the suit claim was compromised with the plaintiff bank. In terms of the compromise, Rs.4.00 lacs were paid by the defendants by Pay Order dated 2nd November, 1996, which, ultimately, resulted in withdrawal of the suit on 15th October, 2007. 4. The original defendant has now taken out this Notice of Motion to withdraw the said amount of Rs.2,40,000/- with interest accrued thereon since the suit claim has been satisfied and the suit has been withdrawn by the plaintiff Bank. He, thus, submits that in view of the withdrawal of the suit and satisfaction of the suit claim of the plaintiff Bank, the defendant has now become entitled to claim refund of Rs.2,40,000/- deposited by them together with interest accrued thereon. 5. On being asked, the learned Counsel appearing for the original defendant submits that notice of this Notice of Motion was served on the Advocates, who were appearing for the plaintiff Bank M/s.Manilal Kher Ambalal & Co. They by their letter dated 14th March, 2008 informed that in view of the withdrawal of the suit, they no longer appear for the plaintiff Bank. The letter written by the Advocate appearing for the plaintiff Bank is retained on : 3 : record. 6. In the result, in the facts of this case, the defendant is permitted to withdraw Rs.2,40,000/- with interest accrued thereon. The Prothonotary and Senior Master is directed to pay the said amount by drawing cheque marked "Payees A/c." in favour of the defendant, who has deposited this amount in this Court. 7. The Notice of Motion No.951 of 2008 stands disposed off in terms of this order with no order as to costs. (V.C. (V.C. (V.C. DAGA, J.) DAGA, J.) DAGA, J.)