1 NMS 1203.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1203 OF 2011 IN SUIT NO. 859 OF 2011 Autocruise (India) Pvt. Ltd. ... Plaintiffs. V/s. M/s. Rahi Motor Transport Co. and Ors. ... Defendants. Mr. D.D. Madon, Sr. Counsel with Mr. F. Pooniwala i/b. Kanga & Co. for the Plaintiffs. Mr. Venkatesh R. Dhond with Mr. Farhan Dubhash i/b. Siganporia & Dalvi for the Defendants. CORAM : DR.D.Y. CHANDRACHUD, J. DATED : 04 MAY 2011. P.C. :- Counsel appearing for the Plaintiffs and Counsel appearing for the Defendants are agreed to the following order being passed on the Notice of Motion with the consent of parties and without any recording of reasons, in terms of the request made to the Court :- (1) The Defendants agree and undertake that before they enter into any transaction for the creation of third party rights or interest in respect of the Suit property more particularly described in Exhibit ‘A’ to the plaint, the Defendants shall deposit a 2 NMS 1203.11.sxw sum of Rs.3.00 crores with the Prothonotary and Senior Master; (2) In the event that the Defendants deposit the aforesaid amount, the Plaintiffs would be at liberty to withdraw the amount subject to furnishing a bank guarantee of a Nationalized bank to the satisfaction of the Prothonotary and Senior Master; (3) The Defendants agree and undertake not to create any third party rights or interest without complying with the directions agreed upon in clause (1) above; (4) The amount of Rs.3.00 crores under clause (1) shall be deposited under intimation to the Plaintiffs. 2. In view of the aforesaid agreed order, no further directions are sought in the Notice of Motion. The Notice of Motion is accordingly disposed of. (Dr. D.Y. CHANDRACHUD, J.)