1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1150 OF 1997 IN NOTICE OF MOTION NO.3189 OF 1996 IN SUIT NO.124 OF 1986 Aruna R. Gajjar. ...Appellant vs. 1.Central Bank of India & ors. ...Respondents --- Mr.Shyam Mehta i/b. Rashmi V. Doshi, for appellant. Mr.Karl Shroff, Mr.Avinash Joshi, Mr.Kunal Kirpalani i/b. M/s.Mulla & Mulla, for Respondents. CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 14th January, 2009. P.C.:- 1. This appeal is directed against the order dated 24.11.1997 passed by the learned Single Judge 2 of this Court in Notice of Motion no.3189 of 1996. That notice of motion was taken out by the present appellant who was defendant no.3 in the suit. The learned Counsel appearing for appellant, after arguing the appeal for some time, sought our leave to withdraw the notice of motion no.3189 of 1996 with liberty to take out appropriate notice of motion seeking same or similar reliefs. The learned Counsel submits that the appellant has deposited an amount of Rs.1,00,000/- (Rupees one lakh only) in the appeal pursuant to the interim order passed by the Court, which has been invested and that the appellant has no objection if the original plaintiff withdraws the amount with accruals on filing an undertaking in this Court to bring back the amount if so directed by this Court. In view of this, in our opinion, the following order would meet the ends of justice:- (i) Notice of motion no.3189 of 1996 is permitted to be withdrawn with liberty to take out a fresh notice of motion claiming same or similar reliefs. 3 (ii) As a result of withdrawal of the notice of motion, the order passed on that notice of motion does not survive for consideration, and this appeal renders infructuous. (iii) All the contentions available to both the sides are kept open to be raised at the appropriate stage. (iv) The plaintiff shall be entitled to withdraw the amount of Rs.1,00,000/- which has been deposited by the defendant no.3, with accruals if any, on filing an undertaking to this Court to bring back the amount if so directed by this Court. (v) The defendant no.3 shall pay Rs.5,000/- as and by way of cost of this appeal to the plaintiff within a period of two weeks from today. Appeal is disposed of. (D.K.DESHMUKH, J.) 4 (A.A.SAYED,J.) --- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3383 OF 2008 IN APPEAL NO.1150 OF 1997 IN NOTICE OF MOTION NO.3189 OF 1996 IN SUIT NO.124 OF 1986 Aruna R. Gajjar. ...Appellant vs. 1.Central Bank of India & ors. ...Respondents --- Mr.Shyam Mehta i/b. Rashmi V. Doshi, for appellant. Mr.Karl Shroff, Mr.Avinash Joshi, Mr.Kunal Kirpalani i/b. M/s.Mulla & Mulla, for Respondents. CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 14th January, 2009. P.C.:- In view of the order passed today i.e. 14.1.2009 on the appeal no.1150 of 1997, the notice of motion does not survive for consideration, hence disposed of. 5 (D.K.DESHMUKH, J.) (A.A.SAYED,J.) ---