1 CAF 1077 OF 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1077 OF 2010 IN APPEAL FROM ORDER NO.56 OF 2008 Shri. Kashinath Narsing Marathe .. Applicant V/s. Harakchand Gulabchand Dhoka ... Respondent. Mr. Y.S. Jahagirdar, Senior Advocate with Tejas Dande, for the applicant. Mr. R.D. Soni, i/b Ram & Company, for them respondent. CORAM : V.C.DAGA AND R.G.KETKAR, JJ. DATED : 3rd February, 2011. P.C. : 1. It is brought to our notice that during the course of suit claim for decree of specific performance, interim application at Exhibit 5, seeking interim injunction from creating third party interest was rejected. On rejection of Exhibit 5, Appeal from Order, was brought to this Court and this Court, passed order on 28th April,2008, directing the original defendant-respondent herein to deposit a sum of Rs.30,00,000/-, by way of guarantee and not to deal with the property and to secure possible loss which the original 2 CAF 1077 OF 2010 plaintiff may suffer. However, suit has been dismissed and against dismissal of the suit, Appellant has filed appeal before this Court. Under these circumstances, by no stretch of imagination, the original defendant can be compelled to continue to keep his deposit with this Court or with the trial Court. When the suit has been dismissed, the defendant is entitled to claim refund of Rs.30 lacs. Since no such order in this behalf is passed by the trial Court. We are satisfied that the respondent would be entitled to claim refund of Rs.30,00,000/-. Order accordingly in terms of prayer clause (a). 2. Civil Application stands disposed of. (R.G.KETKAR, J.) (V.C.DAGA, J.)