IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.3018 OF 2008 IN FIRST APPEAL NO.721 OF 2008 Mr.Bharat B. Galinde ...Applicant. v. Mrs. Surekha S. Kothari & Anr. ...Respondents. Mr. Milind Deshmukh, adv. For the Appellants. CORAM : J.H. BHATIA, J. DATED : 30th September , 2009 P.C. 1 Leave to amend prayer clause (a). 2 This is an application for withdrawal of the amount filed by the original plaintiff/respondent. He had filed suit for specific performance of the contract but the trial Court passed a decree for refund of the amount of Rs.3 lac with interest in view of the plea taken by the defendant/appellant that he had taken loan and there was no agreement for sale. Against the money decree , defendant has preferred the appeal and as per the order dated 25th January, 2007, he has deposited amount of Rs.1,50,000/- subject to which execution of decree has been stayed. Taking into consideration the plea taken by the defendant/appellant before the trial Court that he had received amount of Rs.2 lac as loan , there will be no harm in refund of the amount to the present - 2- applicant/respondent. 3 In view of the circumstances, application is allowed to withdraw amount of Rs.1,50,000/- which is deposited by the defendant/appellant before the trial Court. 4 Application stands disposed off. (J.H. BHATIA,J.)