1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1390 OF 2009 IN FIRST APPEAL NO.398 OF 2009 M/s.Surya Constructions & Ors. ..Applicants. Versus M/s.Ashish Enterprises ..Respondent. Mr.Shriniwas S. Patwardhan for the Applicants. Mr.Ashok Walve i/b.M/s. Tejpal & Co. for the Respondent. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 18TH JUNE, 2009 P.C. :- Heard Mr.Walve, appearing for the Respondent. 2. Mr.Patwardhan has placed before us a copy of the letter dated 25.5.2009 addressed by Shri Sukumar B. Patil, Appellant No.2 and partner of the Appellant No.1 firm and this letter shows that an amount of Rs.27,21,563/- by cheque No.202777 dated 25.5.1009, drawn on Shri Veershaiv Co-operative Bank, Kolhapur, has been remitted to the trial court pursuant to our order dated 31.3.2009. 3. The receipt of this letter has been duly acknowledged by the 2 court official. As per the instructions of Mr.Patwardhan, the said cheque has been encashed. 4. Hence, the Application is allowed in terms of prayer clause (a) and the rule is made absolute accordingly. 5. We direct that the deposited amount be invested in fixed deposit with a nationalised bank, initially for a period of two years and the deposit be renewed thereafter if First Appeal no.398 of 2009 remains pending. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)