deposit in this Court an amount of Rs.7,15,762/-
within a period of 12 weeks and to file written
statement within 12 weeks from the date of deposit of
the amount. It was, however, stated in the order that
if the Defendant fails to deposit the amount within
the aforesaid period, the suit would stand decreed in
terms of prayer clause (a). The Defendant could not
deposit the said amount within 12 weeks as directed
by the Court and, therefore, on 29th August,2009 i.e.
immediately within one week after the expiry of 12
weeks,he has filed the present Notice of Motion.
Initially, he had asked for extension of 9 weeks for
depositing this amount. This prayer, however, was
amended and he had asked for modification of the said
order dated 5th June, 2006. In the affidavit in
support, it was contended by the Defendant that he was
in financial crisis during the month of July, 2006 on
account of heavy rainfall in Bombay in the months of
July and August. There was a slack in his business
and, therefore, the said amount could not be deposited
in this Court. It was further stated in paragraph 5
of the affidavit in support that his mother was
hospitalized in Kerala for about one month in July,
2006 and he had gone to Kerala to look after her. He
has also stated that he was suffering from illness
and he was under the treatment of doctor for four
months and, therefore, the amount could not be
