1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Application No.116 of 2009 IN S.B. Civil Miscellaneous Appeal No.1875 of 2009. M/s. Sogani Brothers, Purohitji-Ka-Katla, Jaipur VERSUS M/s. Kuwait Airways Corporation, New Delhi Date of Order :::: 09/11/2009 Hon'ble Mr. Justice Dalip Singh Mr. Deepak Singh Mehta, Counsel for the applicant-appellant Mr. G.P. Sharma, Counsel for the non-applicant-Respondent *** By the Court : Mr. G.P. Sharma, Advocate has entered appearance on behalf of the respondent. The service is, therefore, complete. Heard learned counsel for the parties and perused the miscellaneous application filed under Section 151 of the Code of Civil Procedure, 1908 for extension of the time to deposit the amount in terms of the earlier order passed by this Court on 27.04.2009 in S.B. Civil Miscellaneous Appeal No.1875 of 2009. 2 Learned counsel for the parties are in agreement that the time, in the facts and circumstances of the case, may be ordered to be extended. The applicant-appellant has, on the previous date, deposited two demand drafts of Rs.80,000/- each dated 23.07.2009 drawn in favour of the learned trial Court (A.D.J. No.9, Jaipur City, Jaipur) to be deposited in terms of the order of this Court on 27.04.2009. The aforesaid demand drafts are lying in deposit with the Deputy Registrar (Judicial) of this Court. Looking to the bona-fide of the applicant-appellant, I deem it just and proper to allow this miscellaneous application. The Deputy Registrar (Judicial) of this Court shall return the demand drafts to the learned counsel for the applicant for being deposited with the learned trial Court. Two week's time is allowed to the learned counsel for the applicant-appellant to deposit the same with the learned trial Court. Learned counsel for the non-applicant-respondent submits that the amount, which is lying deposit with the learned trial Court may be ordered to be disbursed to the respondent, as in case the amount is kept in deposit with the learned trial Court, the same shall not earn any interest and the amount is being deposited in pursuance of the decree passed by the learned trial Court. He submits that the respondent is willing to 3 submit the solvent surety for the aforesaid amount and is willing to return the amount with interest @ 12% per annum. In the facts and circumstances of the present case, therefore, it is directed that the learned trial Court shall pay the amount to the respondent, in case the respondent is willing to furnish a solvent surety for the aforesaid amount, along with an undertaking to return the amount in the event the suit is dismissed with interest @ 12% per annum to the defendant. Subject to the above, this miscellaneous application stands disposed of. The order dated 27.04.2009 stands modified to this extent. (Dalip Singh), J. ashok/