( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2489 OF 2008 NOTICE OF MOTION NO.2489 OF 2008 NOTICE OF MOTION NO.2489 OF 2008 IN IN IN SUIT NO.484 OF 1986 SUIT NO.484 OF 1986 SUIT NO.484 OF 1986 Vimala Satramdas Bhojwani & Ors. ...Plaintiffs V/s. Restrite Engineering Co. Pvt. Ltd. . and Anr. ...Defendants Mr.Niranjan Pandit i/b. M/s.Joy Legal Consultant for the Plaintiffs in support of Notice of Motion. . Mr.K.H. Modi i/b. S. Pathak & Co. for Defendant No.1. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 4th December, 2008. DATED : 4th December, 2008. DATED : 4th December, 2008. P.C.: P.C.: P.C.: . Heard learned Advocates on both the sides. 2. Learned Counsel for Defendant No.1 has no objection for grant of prayer clause (a) to the extent it goes as regards withdrawal of the amount deposited ( 2 ) by Defendant No.1 up-to-date @ Rs.2,000/- per month. The Court is informed that monies upto December, 2008 are deposited. In view of this, the order will be passed to enable the Plaintiffs to withdraw monies from the Court deposited upto December, 2008 without security or guarantee. If amount is already invested, the same may be paid to the Plaintiffs alongwith interest. This disposes of prayer clause (a). 3. So far as prayer clause (b) is concerned, Plaintiffs wanted a sum of Rs.50,000/- to be deposited by Defendant No.1 in place of Rs.2,000/- in the Court. Both the parties have, by consent, arrived at a figure of Rs.3,000/- to be deposited by Defendant No.1 with effect from January, 2009 till further orders and the amount to be deposited on or before 10th of each month and which can be withdrawn by the Plaintiffs. 4. In view of the above, I pass the following order :- "O R D E R" "O R D E R" "O R D E R" "(1). Prothonotary & Senior Master, High Court, Bombay, to pay to the Plaintiffs amounts lying with this Court which has been paid by Defendant No.1 upto December, 2008. ( 3 ) (2). If any of the amount has been invested in a Fixed Deposit, Prothonotary & Senior Master, High Court, Bombay, shall encash the said Fixed Deposit and pay to the Plaintiffs alongwith the interest which has accrued. (3). This be done on production of copy of this order duly authenticated by this Court Sheristedar. (4). Defendant No.1 to pay to the Plaintiffs a sum of Rs.3,000/- per month with effect from January, 2009. The amount be paid to the Plaintiffs directly on or before 10th of each month. (5). At the request of learned Counsel for the Plaintiffs, Prothonotary & Senior Master, High Court, Bombay, is directed to draw a cheque in so far as this order is concerned in the name of Plaintiff No.2. (6). Similarly at the request of learned Counsel for the Plaintiffs, Defendant No.1 shall draw a cheque in the name of Plaintiff ( 4 ) No.2 in the sum of Rs.3,000/- and handover the said cheque to the Advocate for the Plaintiffs for onward transmission to the Plaintiffs. (7). There shall be no order as to costs. (8). The Notice of Motion stands disposed of in above terms. (9). Suit to come up on board as per usual procedure." (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)