KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION JUDGES ORDER NO.232 OF 2009 IN EXECUTION APPLICATION NO.209 OF 2005 IN SUMMARY SUIT NO.2561 OF 2002 Payal Electronics & Video Pvt. Ltd., .. Judgment Creditors V/s. Reminiscent India Television Ltd., .. Judgment Debtors And H. K. Pujara Builders .. Applicant ---- Mr.Kishor Jain @ Ms.Kavita Shah for the applicant. Mrs.Alisha R.Lambay with Mr.Vikas K.Singhi/by M/s.Lambey & Co. for the respondent no.1. Mr.Paritosh Jaiswal i/by Kanga & Co. for the plaintiff. ---- CORAM : R.S.MOHITE, J DATE : 15/7/2010 P. C.: 1 Heard both sides. Perused the affidavit of Mr. Paresh Pujara a partner of the applicant, solemnly affirmed on 22.7.2009. This Summons for Judgment is taken out by the applicant for withdrawal of the amounts deposited in pursuance of the order dated 11.6.2007 as corrected by an order dated 10.8.2007 passed KJ 2 by the Appeal Bench and deposited in this Court under a precipe dated 6.2.2008 being Annexure-1 to the Judges order along with all accretions/accruals. No affidavit has been filed on behalf of the judgment-debtors and Advocate appearing for judgment-debtors states that judgment-debtors are submitting to the orders of the Court. In so far as judgment creditors are concerned, it is contended that amount of Rs.2.45 crores which was directed to be deposited is in the nature of a penalty. The record indicates that an amount of Rs.2.45 crores was initially directed to be deposited by the single Judge as a condition precedent to negotiating with the licensee who was occupying 3rd floor of the building purchased by the applicant. Appeal Court varied this order and directed to deposit Rs.2.45 crores in case possession of the said premises of the 3rd floor was to be taken. That thereafter, the applicants negotiated with the licensee and after making deposit of Rs.2.45 crores in this Court, they obtained possession of the 3rd floor. 2 Subsequent to the deposit made by the applicants, both the judgment debtors and judgment creditors filed a separate Chamber KJ 3 summons for withdrawal of the amount deposited. The learned single Judge dismissed all the Chamber summons and recorded the fact that the applicants could move for withdrawal by a Judges order. The matter was carried in appeal by the Judgment creditors but by a common judgment and order dated 26.4.2010 passed in three appeals filed by the judgment creditors, the appeals came to be dismissed. In paragraph-5 of the judgment, the Division Bench recorded a statement of the garnishee that he would not press Judges order for withdrawal of money for a period of six weeks. The period of six weeks is now over. Advocate for the judgment- creditors states that they had already filed SLP in the Apex Court. In the circumstances, following order is passed :- O R D E R Prothonotary & Senior Master is directed to pay to the applicants the amount deposited by the applicants in the matter pursuant to the order dated 11.6.2007 as corrected by the order dated 10.8.2007 and deposited in this Court under a precipe dated 6.2.2008 along with all accretions/accruals after the period of ten weeks from the date of passing of this order. This order is subject KJ 4 to any order which may be passed by the Supreme Court. Judges Order stands disposed off accordingly. Prothonotary & Senior Master to act on an authenticated copy of this Order. (R.S.MOHITE,J.)