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.
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.
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.
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.
Heard learned companynsel for the parties.
Leave granted.
Against that order, appeal arising out of S.L.P. C No.29585 of 2008 has been filed.
