1 21.caw1239.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1239 OF 2010 IN WRIT PETITION NO. 5071 OF 2005 Apex Properties (P) Ltd. ....Applicant. Vs. G.S. Mhaskar & anr . ....Respondents Mr. P.J. Thorat h/f. Mr. R.A.Thorat, Advocate for Applicant. Ms. Pooja Thorat, Advocate for Respondents. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 12, 2011 P.C. 1. Heard Mr. P. J. Thorat, Advocate for the Applicant and Ms. Pooja Thorat, Advocate for Respondents 1 and 2. 2. This Civil Application is filed by the Original Defendants in the Suit seeking a relief that the Respondent herein(original Plaintiff), may be permitted to withdraw the part of the amount deposited by the Applicant as a condition for grant of stay and the balance amount be refunded for payment of T.D.S. Learned Advocate for the Respondents states that the 2 21.caw1239.10 Respondent does not wish to withdraw the amount. 3. In any case, the amount deposited as interim compensation as a condition for grant of stay under Order 41 Rule 5 of the Code cannot be construed to be either rent or compensation and, hence, the question of deducting T. D.S. may not arise. 4. However, at this stage, in view of the statement made by the Learned Advocate for the Respondents, this issue need not be gone into and the Learned Advocate for the Applicant therefore, does not press this Civil Application. All amount deposited by the Applicant shall be invested in a Fixed Deposit in a Nationalised Bank earning highest interest and shall be renewed automatically from time to time till disposal of the Writ Petition or until further orders to the contrary, if passed by this Court. 5. Civil Application is disposed off as not pressed with the aforesaid directions regarding deposit. Writ Petition to be listed for final hearing in due course. (GIRISH GODBOLE, J)