1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.453 OF 1998 M/s. S.M. Shanbhag Hegdeker ..Plaintiff. Vs. Saraswati W/O. D.E. Pundlikrao and others ..Defendants. .... Mr. P.G. Lad with Mr. Sagar Gharat with Ms Jyoti S. Gore for the Plaintiff. None for the Defendants. .... CORAM : DR. D.Y. CHANDRACHUD, J. 1st October, 2009. P.C. : 1. The suit has been instituted for the recovery of monies due and outstanding against goods sold, supplied and delivered to the Defendant. The Defendant died and his legal heirs were brought on the record. Service was attempted to be effected on the legal heirs of the Defendant. An affidavit dated 21st August, 2009 has been filed to the effect that the postal packets were received back with the remark “addressee refused”. This shall have to be treated as valid service upon the legal heirs and representatives of the original Defendant. 2 2. By an order dated 7th December, 1999 the Defendant was granted leave to defend the suit conditional on the deposit of an amount of Rs. 70,000/- within eight weeks. Counsel appearing on behalf of the Plaintiff states that the amount has not been deposited in terms of the provisions of Order 37 Rule (3)(6)(b). A certificate of non deposit dated 6th November, 2000 has been issued by the Assistant Prothonotary. The Plaintiff would be entitled to judgment upon the failure of the Defendant to comply with the conditions subject to which leave to defend the suit was granted. The Plaintiff has filed an affidavit of examination. The Defendant has confirmed the liability at the foot of the Plaintiff’s letter dated 31st March, 1996 (Exhibit B to the Plaint). In the circumstances, the suit shall stand decreed against the Defendants, to the extent of the share of the original Defendant coming into the hands of the Defendants, in the sum of Rs.70,000/-. The Plaintiff would be entitled to interest at the rate of 6% per annum from the date of the suit until payment or realization. *****