FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Appeal against Order No. 152 of 2009 1] Kishor S/o Hansraj Jham, Aged about 50 years, Occu.- Business, 2] Mukesh S/o Hansraj Jham Aged about 40 years, Occu.- Business, 3] Karansingh S/o Latansingh Thakur, Aged about 33 years, Occu. - Agriculturist, R/o Manewada, Nagpur. 4] Rajgopal S/o Sikandar Jham, Aged about 26 years, Occu.- Agriculturist 5] Hemant S/o Sikandar Jham Aged about 24 years, Occu.- Agriculturist, All Nos.1,2,4 & 5 R/o Plot No.13, Rajabaksha, Medical Square, Nagpur. …..APPELLANTS ..VERSUS... 1] M/s Phoenix Infra Estate International Pvt. Ltd. A Company duly registered under the Compan0ies Act, 1956 through its Director Shri Ahmad Abdul Jiwani, Aged about 32 years, having its office at 16, Kanchan Sarita, Near Lokmat Sq., Wardha Road, Nagpur. 2] Gulshan S/o Shyamlal Muniyar, Aged about 34 years, Occu.- Agriculturist R/o Navratna Apartment, Queta Colony, Nagpur. 3] Hitesh S/o Rajkumar Kamnani, Aged about 26 years, Occu.- Agriculturist, R/o Gokulpeth, Nagpur. 4] Harshwardhan S/o Sudarshan Varma, Aged about 38 years, Occu.- Agriculturist, R/o Gandhigate, Mahal, Nagpur. 5] M/s Mahalaxmi Associates, Acting through its Partners Shri Pankaj S/o Achyutrao Mahajan, Aged about 43 years, Occu. - Agriculturist, R/o Shivaji Nagar, Nagpur. // 2 // 6] M/s Mahaveer Developers, Acting through its Partners, Shri Girdhar S/o Dharmsibhai Rathore, Aged about 58 years, Occu.- Agriculturist, R/o Civil Lines, Nagpur. ….RESPONDENTS =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. S.L.Kotwal, Advocate for the Appellants Mr. Sunil V. Manohar, Advocate for Respondent no.1. Mr. A.V.Khare, Advocate for Respondents no.2 to 6 C ORAM : Smt.R.P.SondurBaldota, J. DATED : 05th February, 2010. Mr. Kotwal, the learned counsel for the appellant files a Pursis stating that the appellants accept the proposal of respondent no.1 of refund of Rs.2.15 Crores paid by respondent no.1 to the appellants, towards part consideration for the transaction of sale and that they will refund the amount within a period of two months from today. The Pursis is taken on file and marked as “X” for identification. In view of the Pursis, the appeal is disposed of with directions that the appellant shall deposit the amount of Rs.2.15 Crores in the trial court within a period of two months from today. The impugned interim order is continued until deposit of the amount by the appellants in the trial Court. On the deposit being made, respondent no.1 is at liberty to withdraw the amount. // 3 // Mr. Manohar, the learned counsel for respondent no.1 states that respondent no.1 will withdraw the suit within a period of one week from the date of withdrawal of the amount. In view of the statement as regards withdrawal of the suit, the Cross Objections filed by the respondents no.2 to 6 are also required to be disposed of as having become infructuous. Mr. Khare, the learned counsel for respondents no.2 to 6, however, requests that in the event the appellants fail to deposit the amount, the Cross Objections be revived to enable these respondents to agitate their grievance against the impugned order. Hence, it is directed that in the event the appellants fail to deposit the amount in the trial court, the Cross Objections filed by respondents no.2 to 6 will stand revived. JUDGE. Diwale