- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.625 OF 2009 IN SUIT NO.2959 OF 2005 ... Mrs.Meena Akhtar Rizvi ...Plaintiff v/s. Birender Singh S/o Sardar Mahal Singh & ors. ...Respondents ... Mr.A.A.Kumbhakoni with Mr.R.R.Kalekar for the Plaintiff. Mr.G.R.Joshi i/b M/s.Niranjan & Co. for Defendant No.1. Mr.Sunil R. Rawal for Defendants Nos.2, 6 & 7. ... CORAM: D.K.DESHMUKH, J. DATED: 6TH MARCH, 2009 - 2 - P.C.: The only prayer in the Notice of Motion which is pressed by the learned Counsel appearing for the original Plaintiff is extension of time to deposit the amount of Rs.35,00,000/-, which is to be deposited pursuant to the order dated 26-6-2007 passed in Notice of Motion No.3253 of 2005. The learned Counsel for the Plaintiff states that in case extension of time is granted, the Plaintiff will not press her prayer for reduction of the amount that is to be deposited and that she will not press the Appeal No.411 of 2008 filed against the order dated 26-6-2007. 2. The prayer for granting extension of time to deposit the amount is opposed by the learned Counsel for the Defendants. According to him no good reason has been given for granting extension of time. 3. In my opinion, considering that the Plaintiff had filed an Appeal against the order and for the reasons which are already disclosed in the order, an order of - 3 - injunction was liable to be granted. In my opinion, therefore, no serious prejudice will be caused to the interest of the Defendant, if Notice of Motion is granted in terms of prayer clause (a). 4. Notice of Motion is, therefore, granted in terms of prayer clause (a). The Plaintiff is permitted to deposit the amount as per the order dated 26-6-2007 within a period of two weeks from today with due intimation to the Defendant. Within two weeks from today the Plaintiff will also withdraw her Appeal as per her own statement. Motion disposed of. ...