1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.237 OF 2006 IN SUIT NO.391 OF 1985 ... The Board of Trustees of the Port of Bombay ...Appellant v/s. Larsen& Toubro Ltd.& Anr. ...Respondents ... Mr.U.J.Makhija i/b Mulla & Mulla & CBC for the Appellant. Mr.P.G.Lad for the Respondent. ... CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ DATED: 1st April, 2010 P.C.: 1. This Appeal is directed against the order passed by the learned single Judge of this Court dated 5th August, 2005 in Suit No. 391 of 1985. By that order the learned single Judge has passed an exparte decree in favour 2 of the Plaintiff, because no written statement was filed on behalf of the Appellant. 2. After having heard the learned Counsel for both sides and after having perused the record and considering that the Defendant against which the decree is passed is a public authority, in our opinion, following order would meet the ends of justice. O R D E R i.On the Defendant-Appellant depositing in this Court with due intimation to the original Plaintiff, within a period of eight weeks from today, an amount of Rs. 1,03,134/-, the order dated 5th August, 2005 shall stand set aside and the 3 Appellant shall be at liberty to file its written statement within a period of two weeks thereafter; ii.In case the amount is not deposited within the aforesaid period, then appeal shall be treated as dismissed; iii.On the amount being deposited, the Prothonotary & Sr.Master shall permit the Plaintiff to withdraw the amount on furnishing the bank guarantee to the satisfaction of the Prothonotary & Sr.Master and on filing an undertaking, undertaking therein to bring back the amount if so directed by this court and on such terms and condition as may be directed by this court. iv.Appeal disposed of. (D.K.DESHMUKH, J.) 4 (V.R.KINGAONKAR,J.)