[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4105 OF 2006 IN APPEAL NO.800 OF 2005 IN SUMMONS FOR JUDGMENT NO.1348 OF 2001 IN SUMMARY SUIT NO.2826 OF 1998 Crown Maritime Company (India) Pvt.Ltd. ..Appellant Vs. Mrs.Prabha P.Shenai ..Respondent .... Mr.Zal Andhyarujina along with Jayant Gaikwad i/b Parasd Das for Appellant Mr.P.R.Shenai Constituted Attorney of Respondent/in support of Notice of Motion .... CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. DATE : FEBRUARY 24, 2009 DATE : FEBRUARY 24, 2009 DATE : FEBRUARY 24, 2009 P.C. P.C. P.C. 1. Heard. 2. This Notice of Motion is taken out by original Plaintiff-Decree Holder seeking permission of this Court to allow Respondent to withdraw the amount deposited by the Appellant in this Court along with interest accrued thereon on such terms and conditions as this Court may deem fit and proper. [-2-] 3. The learned counsel for the Appellant-Judgment Debtor says that copy of the Motion is not served upon him. Respondent-Decree Holder has shown the acknowledgement of the Advocate appearing for the Appellant for having served the copy of the Notice of Motion. Notice of Motion is pending since 2006 and has been adjourned from time to time for no reason. Power of Attorney of the Decree Holder informs us that even cost of Rs.20,000/- was levied on the Appellant who has failed to deposit the same. Well apart from this, we do not find any reason why the Respondent-Decree Holder should not be permitted to withdraw the amount deposited in this Court by Appellant with interest on furnishing surety to the satisfaction of the Prothonotary and Sr.Master. Therefore, Notice of Motion is made absolute in terms of prayer clause (a) with no order as to costs. [J.N.PATEL, J.] [J.N.PATEL, J.] [J.N.PATEL, J.] [-3-] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]