1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 194 OF 2008 IonBond Coatings India Private Ltd. ....Plaintiff Versus Multi-Arc India Limited ....Defendant Mr. H. Toor i/b. M/s. Chitnis & Co., Advocate for the Plaintiff. CORAM : R. V. MORE, J. DATE : 5th FEBRUARY, 2010. P.C. : Heard learned Counsel for the Plaintiff. None appears on behalf of the Defendant. 2. By an order dated 6th April, 2009 passed in summons for judgment no. 115 of 2008 in the above summary suit, this Court granted leave to the Defendant to defend the suit on condition to deposit a sum of Rs.71,00,000/- within a period of eight weeks. The period of eight weeks expired on 1st June, 2009. 3. The Plaintiff has filed affidavit pointing out that the Defendant has not deposited the above said amount of Rs.71,00,000/- within a period of eight weeks. The Defendant has annexed certificate of the Prothonotary & Senior 2 Master dated 23rd July, 2009 at Exhibit "2" to the said affidavit. The Prothonotary & Senior Master has also certified that as per the order dated 6th April, 2009, the amount of Rs.71,00,000/- is not deposited by the Defendant before 1st June, 2009. 4. In the light of the above facts coupled with provisions of Order 37 Rule 3 (6)(b) of the Code of Civil Procedure, 1908 and the provisions of Rule 221 (VI) read with Rule 224 of the Bombay High Court (Original Side) Rules,1980 the suit will have to be decreed. The suit is accordingly decreed in terms of prayer clauses (a) & (b). 5. The Plaintiff is permitted to take back original documents by substituting the same with certified copies. Sd/- (R. V. MORE, J.)