1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1738 OF 2008 IN EXECUTION APPLICATION NO.124 OF 2008 IN MVOP NO.980 OF 2002 Yeluri Venkateshwara Rao .. Applicant Versus A.N.V.Subba Rao .. Respondent Mr.Jaydeep Mitra i/b. Sunil Humbre for J.D.- Applicant Mr.C.D.Patel i/b. A.N.Joshi for petitioner. CORAM : S.C.DHARMADHIKARI, J. DATE : 8th December 2008 P.C. . The present chamber summons is moved by the Judgement debtor who is an Appellant/ petitioner before Andhra Pradesh High Court. He has challenged the order dated 7th November 2007 in MBOP No.980 of 2002 on the file of Motor Accidents Claim Tribunal Cum Principal Dist.Judge, Guntoor. That claim was lodged by 2 the present decree holder. The decree holder succeeded and the claim was awarded as is clear from a copy of the order annexed to this chamber summons, as Annexure C. Aggrieved by this decree of MACT Guntoor, first appeal came to be preferred by the judgement debtor before A.P.High Court, in which Judgement Debtor applied for stay of the execution proceedings which was granted on a condition that 50% of the decretal amount with cost and interest be deposited within the time stipulated by A.P. High Court. This time has been extended by the A.P.High Court and last extension expires on 4th January 2009. 2. However, being anaware of this extension, the Judgement Debtor has allowed the Reserve Bank of India to effect deductions from his salary and to deposit the amount in this Court. The grievance is that despite extension to deposit granted by A.P.High Court, the Reserve Bank of India deducted the salary and from such 3 deductions amounts are being adjusted towards decretal claim. This cannot be done when the A.P.High Court has extended the time. 3. The decree holder is present pursuant to notice and urges that the application could not be made before this Court as the claim is lodged before the MACT Guntoor and the appeal is pending before the A.P.High Court and subsequently, this Court does not have jurisdiction to entertain and try this application. 4. However, it is clarified by the judgement debtor that he is posted at Reserve Bank of India as Manager and is drawing his salary therefrom. The amounts are deposited in this Court by R.B.I. and for this reason the application is maintainable here. 5. Considering the fact that the applicant is posted here and that time to deposit has been 4 extended till 4th January 2009, it is directed that amount deposited with the Prothonotary & Senior Master be transferred to the credit of the proceedings/ appeal before the A.P.High Court. That be done by the Prothonotary after receipt of authenticated copy of this order. It is further directed that R.B.I. shall not effect any further deductions from the salary of judgement debtor till 4th January 2009 and should abide by all directions and orders of the A.P. High Court in that behalf. Chamber summons disposed of in the above terms. No costs. (S.C.Dharmadhikari, J)