1 sspb IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 981 OF 2003 IN SUMMARY SUIT NO. 1772 OF 2003 Shri Navinbhai S. Sheth .. Plaintiff. V/s. Kirit C. Sheth .. Defendant. --- Mr. Dharmesh Jain i/by Mr. Devendra Udani for the Plaintiff. Mr. Harnam Singh Khalsa with Mr. A.K. Saxena for the Defendant. --- CORAM : DR. D. Y. CHANDRACHUD, J. DATED : 16TH JULY, 2009 P.C. : 1. By the order dated 23rd of March, 2007, passed by consent, the decree that was passed by S.U.Kamdar, J. was recalled but the Defendant was directed to deposit an amount of Rupees Ninety Thousand within eight weeks. The Defendant was permitted to file his reply to the Summons for Judgment. 2 2. The Defendant has deposited an amount of Rupees Ninety Thousand. The Advocate appearing on behalf of the Plaintiff had informed the Court on 2nd of July, 2009 that there was no objection to the written statement being taken on the record. However, a formal direction in regard to the disposal of the Summons for Judgment remained to be incorporated. Today the Court has been informed by the Advocate appearing on behalf of the Plaintiff that in view of the deposit of Rupees Ninety Thousand by the Defendant and in view of the previous order dated 2nd of July, 2009, the Summons for Judgment may be disposed of, granting leave to defend to the Defendant. Accordingly, leave to defend is granted in view of the deposit of Rupees Ninety Thousand by the Defendant. 3. The Summons for Judgment is disposed of. (DR. D.Y. CHANDRACHUD, J.) .....