1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3344 OF 2007 IN SUIT NO.309 OF 2005 Resham Resha Pvt. Ltd. & ors .. Plaintiffs V/s. Dilip Balkrishna Sheth & ors ..Defendants Mr.Rigved Sawant i/b.Anil Menon & Associates, Advocate, for the plaintiffs Mr.Raj Mehta i/b.R.K.M.Legal Services, Advocate, for the defendant Nos.1 & 2 Ms.Akanksha V. Thakkar i/b.Purnanand & Co., Advocate, for the defendant Nos.5 & 6 Mr.C.S.Rao i/b.Lex Consultants, Advocate, for the defendant Nos.8 & 9 Mr.Ashok Verma i/b.Tejpal & Co., Advocate, for the defendant No.15 CORAM : R.M.SAVANT, J. DATE : 19TH NOVEMBER, 2008 P.C. . In the above Motion there is an ad-interim Order dated 9th October, 2007 granting ad-interim relief in terms of prayer clause (a). 2 By virtue of the said order, the defendant No.10 was directed to deposit the interim amount towards dividend and other benefits arising there from in this Court within a period of four weeks from 9th October, 2007. The amount so deposited was directed to be invested in any Nationalised Bank in appropriate Fixed Deposit and was to be disbursed subject to the outcome of the proceedings. The deposit was to be made at the best available interest rate. The motion thereafter had come up for hearing before her Ladyship Smt.R.S.Dalvi on 30th April, 2008. The order passed on the said day records that the seven cheques have been sent by the defendant No.10 to the advocate for the plaintiff's pursuant to the Order dated 9th October, 2007 drawn in the name of the Prothonotary & Senior Master as mentioned in paragraph six of the affidavit of Shri Pavankumar, Director of the plaintiffs dated 29th April, 2008. The plaintiffs' advocate was given time of one week to deposit the said cheques with the Prothonotary & Senior Master. 2. The Prothonotary & Senior Master was directed to invest the amounts under these cheques as well as any further amount that 3 may be received pending the suit as per the Order dated 9th October, 2007. The plaintiffs' advocate was also directed to further deposit cheques, if any, received from the defendant No.10 from time to time. The learned counsel for the plaintiffs and the learned counsel for the defendant Nos.1, 2, 5, 6, 8 & 9, who are the main contesting parties are ad-idem in so far as the above Notice of Motion is concerned, the above Motion be made absolute in terms of the Order dated 9th October, 2007 and further Order dated 30th April, 2008. Considering the issue involved in the Motion the request appears to be appropriate. The Notice of Motion is, therefore, made absolute by confirming the said orders dated 9th October, 2007 and 30th April, 2008 as also in terms of prayer clause (b) with clarification that the future dividend from the year 2008 if deposited in this Court also be invested in a Fixed Deposit as directed by the Order dated 9th October, 2007. In so far as prayer clause (c) is concerned, the learned counsel for the defendant Nos.8 & 9 makes a statement, on instructions, that no dividend has been received by the said defendant Nos.8 & 9 from the defendant No.10 and therefore, there is no question of any deposit being made by the said defendant Nos.8 & 9. 4 (R.M.SAVANT, J.)