1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 3443 OF 2008 IN APPEAL NO. 300 OF 2008 IN SUMMONS FOR JUDEMENT NO. 189 OF 2004 IN SUMMARY SUIT NO. 145 OF 2004 Pradeep Kayan & Co & Another .. Appellants Vs Sunbhakti Trading Company Pvt Ltd .. Respondent Mr. Shekhar Shetye a/w Ms. Nina Kapadia i/b M/s. Pandya Gandhi & Co for the Appellants M.G. Mimani for the Respondent CORAM : B.H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ DATE : 24th February, 2010 P.C.: 1. Heard Mr. Shetye, the learned counsel for the Applicants and Mr. Mimani, the learned counsel for the Respondent. 2. We have gone through the decree impugned in the Appeal. 3. The Notice of Motion is made absolute in terms of prayer clause (a) subject to the condition that the Applicant – Company shall deposit an amount of Rs. 40,00,000/- [ Rs. Forty Lacs Only ] with the 8.nma3443-08 2 Prothonotary and Senior Master of this Court within a period of six weeks from today and on such deposit, the amount shall be invested in fixed deposit with a nationalized bank initially for a period of two years and to be renewed thereafter if the Appeal remains pending. 4. Hearing of the Appeal is expedited. [SMT. V.K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.] 8.nma3443-08