IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7365 OF 2008 (Arising out of S.L.P. (C) No.29585 of 2008)

M/s. Venkatesh Chemi-Colour Co. and Ors.    ...Appellant(s)

Versus

Hatim Suterwalla and Ors.      ...Respondent(s)

With Civil Appeal No.7366 of 2008 (Arising out of S.L.P. (C) No.30348 of 2008)

O  R  D  E  R

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/-

- 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.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

......................J.       [RAJENDRA MAL LODHA]

New Delhi, December 17, 2008.