IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 379 of 2009 IN COMPANY PETITION NO. 196 of 2007 M/s. Gargi Industries Ltd. ....Applicants v/s. HGI Foundries Now known as India Power Services Ltd. ....Respondents S.V.Gore i/b. Sachin Masurkar for the applicant. R.G.Singh for the original petitioner. CORAM:- A.M.KHANWILKAR, J DATED:- June 18, 2009. P.C. This application has been moved by the Respondent company for refund of security amount of Rs. 5,00,948/- deposited in this Court in terms of conditional order dated 9/8/2007. However, the Petitioners have opposed this application and has pointed out that as per the liberty given to the Petitioners, the Petitioners have instituted suit in this Court being Civil Suit No. 879/2009. Moreover, in the said suit Petitioners took out Notice of Motion for appropriate directions in which ad-interim order has been passed to the effect that Prothonotary shall deposit the amount deposited by the Respondent in appropriate fixed deposit scheme in a nationalised Bank. The said order was passed after service of the said notice of motion on the Respondent company on 7/5/2009. 2. Having regard to this position, this application will have to be rejected. Ordered accordingly. (A.M.KHANWILKAR, J)