1 app570.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 570 OF 2011 IN NOTICE OF MOTION NO.........../2011 IN SUIT (LODGING) NO. 1697 OF 2011 Rajdeep Construction Pvt. Ltd. ....Appellant. (Orig. Defendant) Vs. Solar Readymade Pvt. Ltd. & Anr. ...Respondents. (Orig. Plaintiffs) And Yes Bank Limited ...Respondent. Mr. M.L. Palan with Ms. Devyani Wanjara i/by M/s. B.R. Oza & Co. for the Appellants. Mr. Jay Savla with Mr. P. Majumdar i/by M/s. M.P. Savla & Co. for Respondent Nos. 1 and 2. Ms. Sudeshna Roy i/by M/s. Vidhi & Partners for Respondent No.3. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 17 NOVEMBER, 2011. P.C. :- Admit. Heard finally. 2 app570.11.sxw ssm 2 The Appeal is disposed of in following terms by consent of the parties. a) Order impugned in the Appeal is set aside. b) The learned counsel appearing for the Defendant states that the Defendant has already deposited an amount of Rs.8,50,000/- in the Court. That amount be invested in fixed deposit in Nationalized Bank to the credit of the Suit (Lodging) No. 1697 of 2011. c) During the pendency of the Suit, the Defendant shall not create any further third party rights in the property which is subject matter of the Suit without seeking leave of the Court. 3 The Notice of Motion No......./2011 is also disposed of. (ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)