1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 545 OF 2008 Jayashree Jayprakash Shah ....Plaintiff Versus Ganesh Sadashiv Kale & Ors. ....Defendants Mr. Jayant Gaikwad, Advocate for the Plaintiff. Mr. Y. R. Dube, Advocate for Defendants. CORAM : R. V. MORE, J. DATE : 5th FEBRUARY, 2010. P.C. : Heard learned Counsel appearing for the respective parties. 2. This Court by an order dated 6th April, 2009 passed in summons for judgment no.162 of 2008 granted leave to Defendants to defend the suit on condition to deposit a sum of Rs.6,75,000/- within a period of eight weeks. The period of eight weeks expired on 1st June, 2009. The Prothonotary & Senior Master has certified non deposit of the aforesaid amount by the Defendants inspite of the order dated 6th April, 2009. 2 3. The learned Counsel for the Defendants submits that the order dated 6th April, 2009 is already challenged before the Division Bench by filing an appeal. On 17th November, 2009, this Court passed the following order : "2. The Defendants have not complied with the Order dated 6th April, 2009. It appears that this Order is challenged by the Defendants by preferring an Appeal before the Division Bench. In order to give last chance to the Defendants, the matter is adjourned to 25th November, 2009. If the aforesaid Order is not complied with by the Defendants before the next, appropriate orders will be passed in the suit. The Plaintiff shall communicate this order to the Defendants, immediately. 3. Stand over to 25th November, 2009.” 4. The suit was again listed on 25th November, 2009 and at the request of the learned Counsel for the Defendant, the suit was adjourned to 14th December, 2009 to enable him to obtain appropriate orders from the Division Bench. Today also, the learned Counsel for the Defendants submits that the Defendants' appeal before the Division Bench is pending. Thus the fact remains that the order dated 6th April, 2009 is not altered by the Division Bench, as of today. 3 4. In the light of the above facts coupled with provisions of Order 37 Rule 3 (6)(b) of the Code of Civil Procedure, 1908 and the provisions of Rule 221 (VI) read with Rule 224 of the Bombay High Court (Original Side) Rules,1980 the suit will have to be decreed. The suit is accordingly decreed in terms of prayer clauses (a) & (b). 5. Court fees to be refunded as per the Rules. Sd/- (R. V. MORE, J.)