1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.134 OF 2009 IN SUMMARY SUIT NO.968 OF 1986 Laxman Hariram Kukhereja .... Appellant V/s. Amrutlal Dwarkadas Sanghvi ..... Respondent Mr.Pradip R. Kadam, for the appellant. Mr.R.D.Vora, for the respondent. CORAM :P.B.MAJMUDAR & R.C.CHAVAN, JJ. DATE : NOVEMBER 03, 2009 P.C. 1. Since the delay in filing the appeal is condoned, the Registry is directed to give appropriate number to the appeal. Appeal is taken up for hearing today itself. 2. This appeal is directed against the order passed by the learned Single Judge dated 16-06-2006, by which the learned Single Judge decreed the suit filed by the respondent in view of the fact that the defendant had not filed written statement and therefore, order was passed under Order 8 Rule 10 of C.P.C., and the suit is decreed on the ground that the averments made in the plaint are deemed to be admitted. 3. The learned counsel for the appellant submitted that in the 2 said suit written statement was not filed by the appellant/original defendant. It is submitted that counter suit filed by the present appellant is still pending being suit No.230 of 1986. The learned counsel for the respondent submitted that he has no objection for setting aside the decree by allowing the present appellant to file written statement in the suit. However, he should deposit Rs.2,00,000/- towards the decretal amount before the Prothonotary and Senior Master of this Court within a period of four weeks from today. The impugned order is accordingly set aside on the condition that the appellant deposits Rs.2,00,000/- with the Prothonotary and Senior Master of this Court within a period of four weeks from today and on such deposit, the appellant is permitted to file written statement within a further period of four weeks thereafter. The learned Single Judge may thereafter, proceed with the matter and dispose of the pending suit as expeditiously as possible preferably within a period of three months from filing of the written statement by the present appellant. Such deposit shall be subject to the final order which may be passed in the suit by the learned Single Judge. It is clarified that we have passed this order in view of the consensus prevailing between the Advocates appearing in the matter and we have not examined the merits of the issue. On deposit of the said amount, the Prothonotary and Senior Master is directed to invest the same in a Nationalized Bank initially for a 3 period of one year. It will be open to the appellant to request the learned Single Judge to take the present suit along with the suit being No.230 of 1986, which is filed by the present appellant which is pending before the learned Single Judge. It is clarified that in case the amount is not deposited by the appellant within the stipulated time, the appeal shall stand dismissed and the appellant will have no right to file written statement and the decree passed by the learned Single Judge shall remain in force. 4. Subject to what has been stated above, the impugned order of the learned Single Judge is set aside and the appeal is accordingly allowed to the aforementioned extent. ( R.C.CHAVAN, J. ) ( P.B.MAJMUDAR, J.)