DINESH SHISHUPAL PUNIA Vs. ASLAM SHAIKH

JUDGEMENT

(1.) Appeal is impugning an order dtd. 2/2/2023 by which the learned Single Judge was pleased to grant conditional leave to defend, the condition being appellant depositing a sum of Rs.4,00,00,000.00 (Rupees Four Crores only) within eight weeks.

(2.) When the appeal was taken up yesterday for admission, we had made it very clear to counsel for appellant that we are not inclined to interfere and perhaps may consider granting a week or to more to deposit the amount of Rs.4,00,00,000.00. Mr. Damle requested the matter be stood over to today to enable him to take instructions. Today Mr. Damle stated that his instructions are not to agree to the suggestion made by this Court, but to argue the matter on merits.

(3.) Respondents had filed the summary suit to recover an amount of Rs.4,00,00,000.00 together with interest at the rate of 9% per annum based upon a settlement agreement dtd. 21/9/2021.