mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4481 of 2008 M/s.M.D. Construction CO. .. Petitioner versus The Provincial Society of Congregation of Jesus & Mary .. Respondent ... Mr.M.P. Vashi for the petitioner. Mr.J.R. Reis with R. Kachare for respondent. CORAM : A.M.KHANWILKAR, J DATED : 28th July 2008 P.C.: 1. Heard counsel for the parties. 2. Notwithstanding the finding recorded by the court below that the plaintiffs were unable to produce any document to suggest that the defendants were liable to pay proportionate amount of Rs.17,75,322/- to the plaintiff, the lower court has directed the defendant to deposit 50% of the said amount. That is an equitable order passed in the fact situation of the present case. 3. The grievance of the petitioner plaintiff that the trial court ought to have directed the defendant to deposit the entire amount of Rs.17,75,322/-, is devoid of merits. In absence of any contemporaneous record to substantiate their case that the defendant was liable to bear that expenditure, the Petitioner cannot succeed. In any case, in the event the plaintiff were to finally succeed, the trial court would pass appropriate directions requiring the defendant to pay the entire amount of Rs.17,75,322/- along with reasonable interest thereon till the amount is paid and/or realised. 4. Besides, the parties may be free to apply to the trial court for appropriate direction regarding investment of the amount already deposited by the defendant, which application will be disposed of on its own merits. 5. Petition is disposed of in the above terms. (A.M.KHANWILKAR, J)