1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR C.A.A.NO.4/2010 IN APPEAL AGAINST ORDER NO.124 OF 2008. Shyam Keshavrao Rakhonde ..vs.. M/s Pankajkumar Nirajkumar =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.Khadse Adv. h/f Mr.Thakre for the appellant. Mr.M.S.Gupta Adv. for the respondent. C ORAM : Smt.R.P.SondurBaldota,J. DATED : 2nd February, 2010. This application is taken out for direction to the respondent to deposit in the court the amount received by him under a decree which has been set aside. The direction has been sought by way of restitution under Section 143 Civil Procedure Code. The appellant herein had filed Spl.Civil Suit No.5 of 1995 for recovery of a sum of Rs.1,36,208/- from the respondent. The said suit was decreed, which decree was challenged by the respondent herein by preferring Reg.Civil Appeal No.86 of 2000. He had applied for stay of money decree. The decree was 2 stayed with a direction to the respondent to deposit a sum of Rs.75000/- in the court and to furnish security for the balance amount. In compliance with the direction, the respondent deposited a sum of Rs.75000/- which was withdrawn by the appellant herein. Subsequently, the district court allowed the appeal and set aside the money decree on the ground of want of territorial jurisdiction. Therefore, the present application for restitution. None of the above facts are disputed by the respondent. In such circumstances, the civil application is allowed. The appellant herein is directed to deposit a sum of Rs.75000/- in this court within a period of four weeks from today. On such deposit being made, the respondent is at liberty to withdraw the same. JUDGE. chute 3