1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.113 OF 2006 IN SUMMARY SUIT NO.276 OF 2006 Bakul Aromatics and Chemicals Ltd. ...Plaintiff. vs. Kapac Pharma Limited. ...Defendant. --- Mr.Sandip Parikar i/b. S.G.Lakhani, for Plaintiff. Mr.D.D.Madan i/b. M/s.Apte & Co. for Defendant. ----- CORAM: D.K.DESHMUKH,J. DATED: 31st July, 2006. P.C.:- Leave to amend. By consent of parties, the summons for judgment is disposed of in the following terms:- 1. Within a period of Eight Weeks from today, the defendants shall deposit Rs.6,00,000/- (Rupees Six lakhs only) in this Court with due notice to the plaintiff. In case the amount is so deposited, the 2 summons for judgment shall stand disposed of and leave to defend shall stand granted to the defendant. In that event the defendant shall file his written statement within a period of Six weeks from the date of deposit. 2. In case the amount is so deposited, the Prothonotary and Senior Mater of this Court shall permit the plaintiff to withdraw the amount on furnishing bank guarantee to the satisfaction of the Prothonotary and Senior Master of this Court and on furnishing Undertaking undertaking therein to bring back the amount, if so directed by this Court, on such terms and conditions as may be directed by this Court with further undertaking therein that in the event the amount is so directed to bring back, same shall be brought back with interest not less than 12% per annum. 3. In case the plaintiff does not withdraw the amount within a period of Six weeks from the date of deposit, the Prothonotary & Senior Master of this Court shall invest the amount in fixed deposit in a nationalised bank during the penedency of the suit. 4. If the defendant fails to deposit the amount as directed above, the summons for judgment shall stand granted and the suit shall stand decreed in terms of amended prayer clause of the suit. In that event, refund of Court fees as per rules. ---