1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2330 OF 2008 CIVIL APPLICATION NO.2330 OF 2008 CIVIL APPLICATION NO.2330 OF 2008 IN IN IN FIRST APPEAL NO.991 OF 2008 FIRST APPEAL NO.991 OF 2008 FIRST APPEAL NO.991 OF 2008 Nareshkumar Ramvilas Gupta .. Appellant V/s. Ashram Begum Ahmed Ali Khan & Ors. .. Respondents. Mr.R.A.Yadav for the Appellant. Mr.Dilip Mandavia for the Respondents. CORAM : R.M. SAVANT, J. CORAM : R.M. SAVANT, J. CORAM : R.M. SAVANT, J. DATE : JULY 8TH, 2008. DATE : JULY 8TH, 2008. DATE : JULY 8TH, 2008. P.C. P.C. P.C. . At the outset, the learned counsel for the Applicant / Appellant submitted that the Applicant restricts himself to claiming prayer clause "C" of the Civil Application. In prayer clause "C", the Applicant prays that the Tahshildar recovery of Government dues Mumbai Suburban District be directed to unseal the partnership shop which has been attached and sealed on 9th April, 2008. 2. The Applicant, is the original Appellant in First 2 Appeal No.991 of 2008 which arises out of the order passed by the Commissioner for Workmens Compensation dated 3rd January, 2007. By the said order, the application filed by the Respondent herein being No.370/3-74 of 2002 came to be allowed and the Applicant/Appellant herein was directed to pay an amount of Rs.2,87,781/- alongwith interest at 12 % p.a. from 10th September, 2001 till payment of the said compensation amount to the Applicant. In the above Appeal the Applicant has filed Civil Application No.2330 of 2008 In the said Civil Application, an order came to be passed on 28th April, 2008 directing the Applicants to deposit the awarded amount in this Court within a period of 12 weeks from today. It was made clear in the said order that for a period of 12 weeks no action should be taken to auction the shop of the Applicant which has been sealed pursuant to the recovery proceedings intitated by the Tahsildar. 3. The learned counsel for the Applicant states that in terms of the said order dated 28th April, 2008, the Applicant has now deposited a total amount of Rs.5,18,007/- with the office of the Commissioner, Workmen’s Compensation in two instalments being principal amount of Rs.2,87,782/- and Rs.2,30,225/- 3 (receipt for which has been issued by the Commissioner for Workmen Compensation on 9th June, 2008). The Appellant therefore prays that the Application be allowed in terms of prayer clause "C". 4. The learned counsel for the Respondents submits that the amount has not been deposited in this Court, though there is a direction to that effect. The Applicant has infact deposited the amount with the Commissioner, Workmens Compensation. The learned counsel further submits that the attachment be continued. 5. In my view, the shop of the applicant was attached for recovering the awarded amount. Since the awarded amount has now been deposited by the Applicant, there is now no warrant to continue the said attachment. 6. The Civil Application is therefore allowed in terms of prayer clause "C". 7. The Civil Application is, accordingly, disposed of. 4 (R.M. SAVANT, J.) (R.M. SAVANT, J.) (R.M. SAVANT, J.)