NMS4352-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4352 OF 2009 IN SUIT NO.1926 OF 2009 Noorjahan Salim Basha .. Plaintiff Versus Sanjay Kumar Mishra & Ors. .. Defendants None for plaintiff Mrs.S.I.Joshi i/b. S.I.Joshi & Co. for defendant No.2. CORAM : S.C.DHARMADHIKARI, J. DATE : 19th November 2010. P.C.: 1] None appears for palintiff. Mrs.Joshi appears for defendant No. 2. Defendant No.1 has been served by pasting and publication. 2] From the nature of the reliefs claimed it is apparent that the Court permitted disposal of the machines and deposit of sale proceeds in this Court. NMS4352-09 2 3] At an ad-interim stage, Mrs.Joshi has made a statement that defendant No.2 will not withdraw the amount deposited in this Court. That statement is continuing till today. However, on perusal of the affidavits placed on record, it would be apparent that the defendant No.2 had initiated proceedings pursuant to which the machinery has been disposed of. In such circumstances, interest of justice would be served if defendant No.2 is allowed to withdraw the sale proceeds deposited in this Court with accrued interest on furnishing security to the satisfaction of the Prothonotary & Senior Master. Motion is disposed of. This order is passed without prejudice to the rights and contentions of the parties. (S.C.DHARMADHIKARI, J)