-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2251 OF 2004 M/s. R. J. Tubes & Rods Pvt. Ltd. ..Plaintiff. Versus M/s. Rasiklal Kantilal & Co., ..Defendant. Ms. Neeta Solanki i/b Kiran Jain & Co., for the plaintiff. Ms. Mrunalini Panchal i/b Halai & Co., for the defendant. Coram : R. V. MORE, J. Date : February 15, 2010. P. C. : 1. Heard learned counsel for the respective parties. The suit is filed under the provisions of Order-XXXVII Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs. 7,36,250/- alongwith further interest @ 18% p.a. on the principal sum of Rs.5,00,000/-. In pursuance to service of writ of summons, the defendant put up its appearance in suit. Thereafter the plaintiff took out Summons for Judgment No. 839 of 2004. After hearing both sides this Court by an order dated 17th October 2005 granted conditional leave to the defendant to defend the suit subject to deposit of an amount of Rs.7 lacs in this Court within the period of four weeks from the date of order. 2. The defendant challenged the aforesaid order by filing an appeal before the Division Bench. It is not disputed that the said appeal is -: 2 :- dismissed. Thereafter the defendant filed review application before the Division Bench and same is also dismissed. 3. The above suit was placed on board for orders on 21st January 2010. At the request of the learned counsel for the defendant a week’s time was granted to the defendant to comply with the order dated 17th October 2005 and the matter was adjourned to 28th January 2010. On 28th January 2010 one more chance was given to the defendant to comply with the said order and suit was adjourned to 4th February 2010. When the suit was placed on board on 4th February 2010, learned counsel for the defendant made a statement that the defendant is ready and willing to deposit the amount of Rs.7 lacs. In view of this statement, one week’s time was granted to the defendant with clarification that if the amount is not deposited within one week, this Court will proceed to pass the appropriate orders. Till today the defendant has not complied with the order dated 17th October 2005. Learned counsel for the defendant is also not in a position to give any explanation for non deposit of said amount. In that view of the matter and in view of the provisions of Order-XXXVII Rule-3(6)(b) of the Code of Civil Procedure, 1908 suit is decreed in terms of prayer clause (a). Refund of Court fees as per Rules. (R.V. MORE, J.)