- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 2084 OF 2009 IN SUMMONS FOR JUDGMENT No. 306 OF 2008 IN SUMMARY SUIT No. 2241 OF 2008 Chetan V. Parekh ... Plaintiff Vs. CIL Textiles Pvt. Ltd. ... Defendant *** Mr. Ditendra Mishra, for the Plaintiff. None for the Defendant. *** CORAM : V. M. KANADE, J. DATE : AUGUST 24, 2009. PC :- 1. This motion is taken out by the plaintiff, seeking leave of this Court to withdraw an amount of Rs.2,50,000/-, deposited by the defendant, pursuant to an order passed by this Court on 8-4-2009. The plaintiff has filed this summary suit for recovery of Rs. 3,16,724.50 Ps. Along with interest. The plaintiff has taken out Summons for Judgment in this suit. After hearing both the sides, this Court by an order dated 8-4-2009 granted conditional leave to the defendant and directed to deposit a sum of Rs.25,00,000/-. Accordingly, the said amount has been deposited by the defendant. - 2 - The plaintiff is willing to give bank guarantee to this Court. Since the amount which is deposited by the defendant is secured by the plaintiff’s bank guarantee, Notice of Motion is allowed in terms of prayer Clause (a), subject to the condition that plaintiff shall give bank guarantee for the said amount within a period of 4 weeks from today. The Notice of Motion is accordingly disposed of in above terms. 2. After furnishing the bank guarantee, plaintiff will be permitted to withdraw the said amount. The Prothonotary & the Senior Master shall disburse the said amount to the plaintiff thereafter. Sd/- [ V. M. KANADE, J.]