Leave granted.
Heard learned counsel for the parties.
In Summary Suit No.1721 of 2001 filed by Respondent No.1 herein, leave
was granted to the defendants, including the appellants herein, to defend the suit on
their depositing sum of Rupees thirty lakhs within a period of four weeks. The appeal
preferred by the appellants was dismissed by the Division Bench of the High Court
but the time for depositing the amount was extended by four weeks. On 9th April,
2007, the learned Single Judge decreed the suit by observing that the defendants
failed to deposit Rupees thirty lakhs, as per order dated 19th October, 2005, passed in
Appeal No.744 of 2006. Notice of Motion taken out by some of the appellants for
restoration of Appeal No.744 of 2006 and grant of
...2/-
permission to deposit the amount as per order dated 19th October, 2005, with a
further prayer to set aside decree dated 9th April, 2007, passed in Summary Suit
No.1721 of 2001 was dismissed by the Division Bench vide order dated 20th November,
2008. Against that order, appeal arising out of S.L.P. (C) No.29585 of 2008 has been
filed.
During the course of arguments, learned counsel for the parties made an
agreed statement that the appellants will deposit Rupees seventy two lakhs with
Prothonotary and Senior Master of the Bombay High Court within four weeks from
today and, on their doing so, the decree passed in the summary suit be set aside. They
also agreed that the plaintiffs shall be permitted to withdraw the aforesaid amount
upon furnishing security to the satisfaction of the Prothonotary and Senior Master of
the Bombay High Court.
In view of the statement made by the learned counsel for the parties, the
appeals are allowed, decree passed in Summary suit No.1721 of 2001 is set aside and
leave is granted to the defendants to contest the suit.
Needless to say that if the amount is not deposited within the time specified
above, this order shall stand recalled and the appeals shall stand dismissed.
[RAJENDRA MAL LODHA] New Delhi, December 17, 2008.