IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODG) NO.130 OF 2008 APPEAL (LODG) NO.130 OF 2008 APPEAL (LODG) NO.130 OF 2008 IN IN IN NOTICE OF MOTION NO.604 OF 2008 NOTICE OF MOTION NO.604 OF 2008 NOTICE OF MOTION NO.604 OF 2008 IN IN IN SUIT NO.448 OF 2008 SUIT NO.448 OF 2008 SUIT NO.448 OF 2008 Mohammed Hussain Abid Zariwala ..Appellant. V/s. M/s.Mangal Corporation ..Respondents. Mr.S.U.Kamdar with Prasad Das for appellant. Ms.P.G.Bhatia for respondents. CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND J.P.DEVADHAR, J. J.P.DEVADHAR, J. J.P.DEVADHAR, J. DATED : 26TH MARCH, 2008. DATED : 26TH MARCH, 2008. DATED : 26TH MARCH, 2008. P.C. :- P.C. :- P.C. :- 1. Learned counsel appearing for the appellant submits that without prejudice to the rights and contentions he will deposit a sum of Rs.10 lakhs with the respondents, subject to the final decree that may be passed in the suit filed by the respondents herein. This offer is accepted by the counsel appearing for the appellant without prejudice to their rights and contentions and subject to the final decision in the Notice of Motion taken out by the appellant. In view of the statement, nothing survives in the appeal. - = : 2 : = - 2. The sum of Rs.10 lakhs should be paid directly to the respondents within a period of 4 weeks from today. If the amount is not paid, the impugned order shall stand automatically revived and the Receiver shall proceed in accordance with law. However, if the amount is paid, the Receiver will not take possession of the property and the same shall be subject to the final decision in the suit. 3. Appeal is disposed of accordingly with no order as to costs. CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE J.P.DEVADHAR, J. J.P.DEVADHAR, J. J.P.DEVADHAR, J.