1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 367 OF 2010 IN NOTICE OF MOTIONNO. 2762 OF 2009 IN SUIT NO. 1964 OF 2009 Gurusharan Pal Singh Bhasin & Anr. ... ...Appellants. Versus Ravinder Singh Dhall & Ors. ... ... ...Respondents. Mr. V. R. Dhond with Mr. N. Engineer i/by M/s. RMG Law Associates for the Appellants. Mr. P. C. Mankad i/by Mr. P. D. Kadam for Respondent No.1. Ms. Shreevandhini Purchure i/by Negandhi Shah & Himayutullah for Respondent No.4. CORAM : P. B. MAJMUDAR and ANOOP V. MOHTA, JJ. DATED : 20TH OCTOBER, 2010. P. C.: This appeal is filed against the order of the learned Single Judge passed on 25th September, 2009 in Notice of Motion No. 2762 of 2009 in the Suit. By the impugned order, the learned Single Judge has recorded statement made by the learned Advocate for defendant Nos.2 and 3 that they do not desire to dispose off, alienate, encumber or create third party rights in respect of the suit property except with the prior leave of the Court. The Court has also recorded the statement of defendant Nos.2 and 3 that 2 they have created a mortgage in respect of the suit flat in favour of the Punjab National Bank. The original plaintiff has filed this appeal against the said order. The Division Bench of this Court vide its order dted 20th July, 2010 passed an interim order directing respondent No.1 to deposit Rs.40,00,000/- with the Court. To-day, the learned Counsel Mr. P. C. Mankad instructed by Mr. P. D. Kadam, appearing for respondent No.1- Ravinder Singh Dhall states that his client has already brought Bank Draft of Rs.40,00,000/- today. 2. It is required to be noted that against the order passed by the Division Bench dated 20th July, 2010 Special Leave Petition was filed before the Honourable Supreme Court, the same was dismissed. Learned Counsel Mr. Mankad states that respondent No.1 has brought the bank draft of Rs.40,00,000/- and requested that the same be permitted to be deposited with the Prothonotary and Senior Master of this Court and the said amount be invested for the period of three years initially. Learned Counsel Mr. Dhond appearing for the appellants also further submits that he may be allowed to withdraw the amount, which prayer is opposed by the learned Counsel Mr. Mankad, appearing for respondent No.1. We, however, give liberty to the appellants to apply before the learned Single Judge for withdrawal of the amount and since it is for the learned Single Judge to 3 consider such prayer after hearing both the sides and we are not required to express any opinion on this behalf as it is for the learned Single Judge to consider the same. 3. The appeal, accordingly, stands disposed of as withdrawn with liberty to the appellants as aforesaid. 4. The amount of Rs.40,00,000/- may be invested by the Prothonotary and Senior Master in fixed deposit initially for a period of three years subject to renewal of the same from time to time and subject to any other orders passed by the learned Single Judge in this behalf. 5. It will be open to the respondents to file notice of motion for any such relief as permissible in law. However, we are not expressing any opinion except giving such liberty to apply before the learned Single Judge. 6. In view of what is stated above, the Notice of Motion No. 2202 of 2010 taken out by respondent No.1 and Notices of Motion No. 1797 of 2010 and No. 1839 of 2010 taken out by the appellants stand disposed of in view of withdrawal of the appeal. No costs. Sd/- (P. B. MAJMUDAR, J.) Sd/- (ANOOP V. MOHTA, J.)