1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.449 OF 2008 IN NOTICE OF MOTION NO.2305 OF 2006 IN SUIT NO.2059 OF 2006 Glasstech Industries (I) Pvt.Ltd. ...Appellant Vs. 1.Satpal Jain, Sole Proprietor of M/s.Parasnath Traders & ors. ...Respondents. --- Mr.Rahul Narichania @ Sandeep Sreekumar, for Appellant. Mr.D.H.Mehta i/b. Mr.B.M.Vyas, for Respondent no.1. Mr.S.G.Deshpande, for Respondent no.3. CORAM: D.K.DESHMUKH & R.S.MOHITE, JJ. DATED: 28th April, 2009. 2 P.C.:- By consent of parties, the appeal is disposed of in the following terms:- 1. Notice of Motion no.2305 of 2006 which is taken out by the respondents is permitted to be withdrawn with liberty to take out a fresh notice of motion seeking same reliefs after carrying out amendment in the plaint. 2. In case such a notice of motion is taken out, the learned Single Judge shall decide it in accordance with law. All the contentions available to both the sides are kept open. 3. The interim order which is presently operating shall continue to operate for a period of Eight Weeks from today, subject to the condition that within a period of four weeks from today, the respondents deposit in this Court with due intimation to the appellant an amount of Rs.2,00,00,000/- 3 (Rupees Two crores only.). The amount shall be invested in fixed deposit in a nationalised bank for appropriate period. The disposal of the amount shall be governed by the order that may be made on the notice of motion to be taken out by the respondents. 4. If the amount is not deposited, the interim order shall cease to operate. (D.K.DESHMUKH, J.) (R.S.MOHITE,J.)