1 APP9/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.9 OF 2011 IN NOTICE OF MOTION NO.4321 OF 2007 IN SUIT NO.344 OF 1998 M/s M. Dinshaw & Co.Pvt.Ltd. ...Appellants v/s The Chairman, Bombay Port Trust and anr. ...Respondents Mr B.B. Saraf with Mr Pankaj Sutar and Mr Ashrat Diamondwala i/b M/s Khaitan and Jayakar for Appellants. Mr U.J. Makhija with Mr Pankaj Khandkar i/b M/s Mulla and Mulla and Craigie Blunt and Caroe for Respondents. CORAM : D.K. DESHMUKH AND R.G. KETKAR JJ. DATE : 6TH JUNE 2011. 2 APP9/11 P.C. :- 1] Admit. Heard finally by consent of the parties. 2] In our opinion, as the appellants are wiling to deposit the entire decretal amount, the appeal can be disposed off in following terms. 3] On the appellants depositing in this Court the decretal amount as on today within a period of eight weeks from today, with due intimation to the original plaintiffs, the order passing decree against the appellants as also the order passed in notice of motion No.4321 of 2007 shall stand set aside. In that event, the defendants shall be entitled to file their written statement within a period of eight weeks from the date on which the amount is deposited. The learned Single Judge shall hear an dispose off the suit as expeditiously as possible. Within a period of twelve weeks from the date on which the amount is deposited, the original 3 APP9/11 plaintiffs on furnishing an undertaking, undertaking to redeposit the amount if so directed by this Court and on such terms and conditions as may be directed by this Court, shall be permitted to withdraw the amount. If the amount is not withdrawn within the aforesaid period, it be invested in fixed deposit in a nationalised bank for appropriate period to the credit of the suit. 4] In case the amount is not deposited within the aforesaid period by the appellants, this appeal shall be treated as dismissed. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.G. KETKAR )