1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4319 OF 2007 IN SUIT NO.1313 OF 2007 RAJAN B. KAPUR ..PLAINTIFF VS. MAHENDRA J. KAPOOR & ORS. ..DEFENDANTS Mr. Satyam Vaishnawa with Mr. Rakesh Dave i/b N.M.Vaishnawa & Co. for the Plaintiff Mr. Rajeev Narula i/b J. Narula & Co. for Defendants No.1 & 2 Mr. J.P.Sen with Mr. A.G.Shah for Defendant No.1 CORAM: Smt. ROSHAN DALVI, J. DATED: 21 st March, 2009 P.C.: By consent and without prejudice to the rights and contentions of the parties a sum of Rs.31,44,548/- lying with Defendant No.2 on behalf of M/s.Cizor Properties Pvt Ltd., shall be deposited with the Prothonotary & Senior Master of 2 this court to the credit of this suit which shall be invested by the Prothonotary & Senior Master initially in FDR for 37 months. Parties shall have liberty to utilise the amount so deposited for payment only of excise liability of the suit firm. Notice of Motion disposed of accordingly. (Smt. Roshan Dalvi, J)