1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2989 OF 2010 IN WRIT PETITION NO.4964 OF 2010 M/s.Sicom Investments & Finance Ltd. .. Applicant V/s Sanjay Bhupatrai Shah & Ors. .. Respondents Mr.C.D.Utangale i/by M/s.Utangale & Co.for the Applicant. Mr.Manoj B.Dalvi for Respondent Nos.1 to 3. Mr.Rahul R.Singh for Respondent Nos.6 & 10. Mr.N.P.Bhavsar with Ms.Archana A.Deswandikar for Respondent Nos.4, 5, 7, 8 & 9. CORAM : R.G.KETKAR, J. DATE : 15th February, 2011 P.C. : 1. Heard the learned counsel for the parties. Rule. The learned counsel for the respective Respondents waive service. By consent of the parties, Rule is made returnable forthwith and heard finally. 2. By this application the applicant-Sicom Investments & Finance Limited, seeks direction to the trial Court to allow the applicant to withdraw a sum of Rs.3,50,00,000/- deposited by the Respondent Nos.1 to 3 in the trial Court along-with interest, if any accrued thereon. 2 3. Mr.Utangale, learned counsel for the applicant makes a statement that within one week from today, the applicant will make an application in terms of clause (a) of Paragraph No.4 of the order dated 23.9.2010 in the trial Court. He further states that as per clause (b) of Paragraph No.4 of the said order dated 23.9.2010 the applicant has already deposited the title deeds in the trial Court in respect of the entire mortgaged property. The statements made by Mr.Utangale are recorded. 4. Mr.Manoj Dalvi, learned counsel for Respondent Nos.1 to 3 states that if the applicant makes an application in the trial Court in terms of clause (a) of Paragraph No.4 of the order dated 23.9.2010, the Respondent Nos.1 to 3 will have no objection for the applicant withdrawing an amount of Rs. 3,50,00,000/- alongwith the interest, if any, accrued thereon. The statement made by Mr.Dalvi is recorded. 5. Rule is made absolute in the above terms with no order as to costs. Application stands disposed of. (R.G.KETKAR, J.)