: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1542 OF 2007 CIVIL APPLICATION NO.1542 OF 2007 CIVIL APPLICATION NO.1542 OF 2007 IN IN IN FIRST APPEAL NO.1735 OF 2006 FIRST APPEAL NO.1735 OF 2006 FIRST APPEAL NO.1735 OF 2006 JAK Printers Pvt. Ltd. ...Applicant V/s. Sundeep Polymers Pvt. Ltd. ...Respondent Mr.J.B. Patel, Advocate, for the Applicant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 12TH FEBRUARY, 2008. DATE : 12TH FEBRUARY, 2008. DATE : 12TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate appearing for the applicant. 2. Applicant is the original plaintiff. Summary Suit filed by the applicant has been dismissed by the Trial Court and the Decree of dismissal has been challenged by the applicant by preferring First Appeal. 3. Prayer in this Application is that the respondent-defendant should be restrained from withdrawing a sum of Rs.20,000/- which was deposited by the respondent-defendant with the Trial Court as a condition for grant of leave to defend the Suit. : 2 : 4. The submission is that in case the applicant succeeds in the Appeal, the said amount deposited by the respondent can be appropriated towards the decretal amount and therefore the same should not be allowed to be withdrawn. 5. The Suit filed by the applicant has been dismissed on merits. The Appeal may not be heard for 15 years and more. After the suit filed by the applicant is dismissed, the amount deposited by the respondent cannot be retained with the Trial Court. 6. No case is made out for grant of any interim relief. Application is rejected. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]