1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CA(F)No. 487/2011 in F.A.No. 21 of 2010 MSEDCL vs.. M/s.Hotel Siddharth. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or directions Court's or Judges order or Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Shri S.V.Purohit, Adv.for applicant. Shri D.L.Dharmadhikari, Advocate for R-sole. CORAM: A.B.CHAUDHARI, J. DATED: 10th March, 2011. Arguing the application for grant of stay, Mr. Purohit, the learned counsel for the applicant requests for withdrawal of amount(Rs.2,81,756/-) that is deposited in this Court. He further makes a statement that in case, the original plaintiff succeeds in appeal, the withdrawal amount would be paid to him with at the fixed deposit interest rate prevailing at the relevant time and the same would be payable from the date it became due. Mr. Dharmadhikari, the learned counsel for the respondent-sole, vehemently opposed the request of withdrawal of the said amount, on the ground that the said amount should be adjusted in future bills due 2 to the respondent/plaintiff and if it is not possible, the same should be invested as per the standing orders. It is seen that the amount that is deposited by the appellant is definitely required by the appellant for its routine business. There is no point in keeping the said amount with this Court that too, by way of investment in Fixed Deposit. More so, Mr. Purohit made a statement that the amount would be paid with fixed deposit interest rate prevailing at the relevant time, if the respondent succeeds in the first appeal and as such, this takes care of Mr. Dharmadhikari's anxiety. I am, therefore, inclined to allow the request made by Mr.Purohit, the learned counsel for the applicant, for withdrawal of amount of Rs. 2,81,756/-. The amount be paid to the appellant. The Civil Application is disposed of. JUDGE Andurkar