IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2655 OF 2004 NOTICE OF MOTION NO. 2655 OF 2004 NOTICE OF MOTION NO. 2655 OF 2004 IN SUMMARY SUIT NO. 1488 OF 1999 SUMMARY SUIT NO. 1488 OF 1999 SUMMARY SUIT NO. 1488 OF 1999 Arpan Leasing Co. Ltd. ..Plaintiff versus Supreme Aspahlts Pvt. Ltd & Anr. ..Defendants Mr. Cyrus Ardeshir i/b. M/s. S. Ashwinikumar & Co. for the Plaintiff. Mr. R. P. Ojha for the Defendant. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. DATE : 1ST OCTOBER 2004. DATE : 1ST OCTOBER 2004. DATE : 1ST OCTOBER 2004. P.C. : P.C. : P.C. : 1. This notice of motion is taken out by the defendants. Heard Counsel for the Defendants and plaintiff. Earlier in the suit when the plaintiff took out Summons for Judgment conditional leave was granted to the defendants to deposit Rs.6,50,000/=. The defendants could not deposit the amount therefore summons for judgment was made absolute and exparte decree came to be passed. 2. Thereafter the defendants took out a ntoice of motion for setting aside that order wherein he was directed to deposit Rs.12,81,855/= i.e. the entire amount of claim as a condition. Accordingly he deposited the said amount, but the notice of motion was allowed to be withdrawn on technical ground that the prayer for leave to defend was not made, with liberty to take out another notice of motion. 3. Accordingly this notice of motion is taken out under the liberty granted. 4. Notice of Motion was opposed by the plaintiff that no sufficient case is made out under Order XXXVII Rule 4 of CPC. The fact that the defendants have deposited the full amount of the claim and further the plaintiff has also withdrawn that amount. The interest of the plaintiff is fully protected after he received the full amount of deposit because it would have taken years for them to realise the amount in execution. Therefore as a special case this notice of motion is allowed. Exparte decree is set aside and leave to defend the suit is granted to the defendants. 5. Written statement or points of defence to be filed within a period of twelve weeks from today and affidavit of documents or list of documents within two weeks thereafter. Discovery or inspection of documents within twos weeks thereafter. Suit to be placed on regular board for hearing thereafter. *****