- 1 - appeal1014 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 1014 OF 1998 in SUIT NO.298 OF 1983 The Oriental Fire & General Insurance Co.Ltd .. Appellant vs Geeta Udyog & anr .. Respondents Ms.Priya Baliga with Mr.S.K.Chari i.b M.V.Kini & Co for Appellant Mr.Z.Andharujina with Srikant Mehta i.b.M/s Malvi Ranchodddas & Co for Respondents .. CORAM: D.K.DESHMUKH & N.D.DESHPANDE, JJ DATE: 11th January,2011 P.C. 1. By this appeal, the appellant (Original Defendant) challenges the ex parte decree passed by a learned Single Judge of this Court on 16th April, 1998 in Special suit No.298 of 1998. The learned Single Judge has passed a direction that the defendants - 2 - appeal1014 shall pay an amount of Rs.21,76,889.72 with interest at the rate of 19.50 % from the date of institution of the suit till date of realization. The decree came to be passed in absence of any written statement filed by the defendant and the defendant remained absent. 2. We have heard learned counsel for both sides. We have perused the record. It is apparent from the record that no satisfactory reasons has been given by the appellant for not filing the written statement even after the appellant was duly served with the Writ of Summons. No satisfactory explanation is also been given for not remaining present before the Court. The allegations made in that regard are absolutely vague. Learned counsel appearing for the appellant submitted that from the averments made in the plaint, it appears - 3 - appeal1014 that the suit may be barred by the law of limitation and this Court also may not have territorial jurisdiction to entertain it. In our opinion, as the appellant was duly served with the writ of summons, it was for the appellant to appear before the court and submit the written statement then the defence that might be raised would be considered by the court. The appellant is an insurance company. Taking an over all view of the matter, therefore following order would meet the ends of justice : 1) On the appellant depositing an amount of Rs.15,00,000/- in this court with due notice to the respondents within a period of six weeks from today the ex parte decree passed against the appellant on 16th April, 1998 shall stand set aside. Then the appellant shall file written statement within a period of six weeks from the date of deposit of the amount and thereafter the suit shall be tried in accordance with law. The amount deposited by the appellant shall be permitted to be withdrawn by the plaintiff on furnishing bank guarantee of a nationalised bank to the satisfaction of the Prothonotary and Senior Master. - 4 - appeal1014 2) In case the appellant fails to deposit the amount within the aforesaid period, this appeal shall be treated as dismissed. Then the defendant-decree holder shall be entitled to execute the decree in accordance with law. Appeal disposed of. D.K.Deshmukh, J N.D.Deshpande, J