1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. FIRST APPEAL NO.406 OF 2010. (WITH PENDING APPLICATIONS) (Dr. Harshawardhan s/o Prakash Chaturvedi Vs. Smt. Archana w/o Harshwardhan Chaturvedi) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Shri N.H. Shams, Adv. for the Appellant. Shri N.W. Sambre, Adv. for the Respondent. Shri Z.A. Haq, Adv. for the Respondent. CORAM: B.P. DHARMADHIKARI & P.D. KODE, JJ. DATE: NOVEMBER 21, 2011. It is not in dispute that the amount as directed by this court has been deposited by the appellant. Shri Haq Adv., however, states that deposit is not within time as ordered by this court and hence this court has taken cognizance suo motu and issued notice for contempt also. Shri Shams Adv. states that the entire amount has been deposited but there has been little delay in compliance. He further states that the application for setting aside ex parte order which is already passed by the Family Court is pending before that court. 2 Shri Haq Adv. points out that if order is given effect, the appellant is entitled to the amount in excess of Rs.10,00,000/- (Rupees Ten lac only). He further states that the respondent should be permitted to withdraw the amount deposited with the Registry of this Court. Shri Shams Adv. is opposing this request. He also points out the request to withdraw the First Appeal. In this situation, we permit respondent/ wife to withdraw an amount of Rs.1,00,000/- (Rupees One lac only) with proportionate interest accrued there upon. The balance amount shall be dealt with after the further orders of the Family Court in this respect and according to it. It is directed that the proceedings for setting aside of the judgment moved by the appellant before the Family Court be expedited and Family Court is directed to decide the same as early as possible and in any case within six months from today. With this direction, we dispose of First Appeal as withdrawn. No costs. Needless to mention that all pending applications and issues are disposed of. JUDGE JUDGE NSN