IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3875 OF 2007 IN APPEAL NO. 556 OF 2006 IN SUMMARY SUIT NO. 2918 OF 2002 Jasraj S/o. Kapurchand Sanghvi .. Appellant. Vs. Madhuben D/o Mansukhlal Shah .. Respondent. And Union Bank of India. .. Third Party. Ms. Asha Nair i/by Mahesh Menon & Co. for the appellant. Mr. R.D. Dave i/by N.N. Vaishnawa & Co. for the Respondent. CORAM : J. N. PATEL & SMT. R.P. SONDURBALDOTA, JJ DATE : 11TH AUGUST, 2009 P.C. : . The notice of motion is served upon the Union Bank of India. Ms. Asha Nair, the learned counsel for the appellant undertakes to file affidavit of service of the notice of motion by 14.8.2009. 2. This notice of motion is taken out for a direction to the Bank to pay interest accrued on F.D.R. No. EM/TBA/A/193590 dated 13.12.2006 which is to mature on 12.12.2011. It is the grievance of the appellant that the Bank has stopped paying interest upon the F.D. to the appellant merely because the fixed deposit receipt has been deposited in the court by way of security for withdrawal of the amount of Rs. 1,38,000/-. Merely because the fixed deposit receipt is furnished as a security to the Court, the bank cannot stop paying interest as per the terms of the fixed deposit to the appellant. 3. The notice of motion is made absolute in terms of prayer clause (a). No order as to costs. ( J. N. PATEL, J) ( SMT. R.P. SONDURBALDOTA, J)