1 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 705 OF 2005 IN SUMMONS FOR JUDGMENT NO.199 OF 2003 IN SUMMARY SUIT NO.2895 OF 2002 M/s.Sailee Developers Pvt.Ltd. ...Appellant Vs. Otis Elevators Co.(India)Ltd. ...Respondent. --- Mr.Vishal Kanade i/b. Mr.Ram U.Singh, for Appellant. Mr.J.P.Sen i/b. M/s.Mulla & Mulla, for Respondent. --- CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ. DATED: 25th MARCH, 2010 P.C.: Appeal is disposed of, by consent of parties, in the following terms:- 1. The appellant to deposit an amount of Rs.65,00,000/- within a period of twelve weeks from 2 today with the Prothonotary and Sr.Master of this Court with due intimation to the plaintiff- respondent. On the amount being deposited, leave to defend shall stand granted to the defendant- appellant. If the amount is not deposited within the aforesaid period, the suit of the plaintiff shall stand decreed in terms of prayer clause (a) & (b). 2. On the amount being deposited by the defendant, it shall be invested in fixed deposit in a nationalised bank to the credit of the suit. 3. In case, the defendant deposits the amount as directed above, written statement to be filed within a period of six weeks from the date of deposit. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.) ...