IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 293 OF 2008 NO. 293 OF 2008 NO. 293 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 1029 OF 2008 OF MOTION NO. 1029 OF 2008 OF MOTION NO. 1029 OF 2008 IN IN IN SUIT SUIT SUIT NO. 794 OF 2008 NO. 794 OF 2008 NO. 794 OF 2008 1. Eric D’Souza & anr. ] .. Appellants (Org.Defendants) Versus Ramnik Mohanlal Chawda ] .. Respondent (Org.Plaintiff) Mr. Ralson Fernandes for the appellants. Mr. Soumya Shrikrishna i/b M/s. Sonal Doshi & Co. for the respondent. CORAM: S.B. MHASE & R.V. MORE, JJ. DATED: 11TH AUGUST, 2008 P.C. : 1. The learned counsel for the appellant submits that today he has brought in a cheque for an amount of Rs.2,10,000/- which is the disputed amount in suit No.794 of 2008. He further submits that all the due amounts as claimed in the suit have already been paid to the plaintiff. However, since the plaintiff has come with a claim of the amount of Rs.2,10,000/- and thereby obtained an order of restraining the appellant from transferring his property without prejudice to the : 2 : rights of the appellant to contest the suit, the appellant is depositing this amount by way of a cheque. He further submitted that the amount may be invested with any Nationalised Bank till the final disposal of the suit and only if the plaintiff- respondent succeeds, the amount be paid to the plaintiff-respondent. If the plaintiff-respondent fails in his claim, the amount be returned back to the appellant. 2. The plaintiff-respondent has no objection for working out this mode. Even the single Judge’s order states that unless the balance amount is paid, the appellant is restrained from transferring, alienating, parting with possession and/or creating any third party rights in respect of the said flat. 3. We accept the submissions made by the learned counsel for the appellant. We direct the Prothonotary & Senior Master to accept the Banker’s cheque of Rs.2,10,000/-. This amount shall be invested with any Nationalised Bank, initially for a period of three years. If the suit is not disposed of within the said period of three years, the Prothonotary & Senior Master shall further go on investing the said amount on a year-to-year basis till the final disposal of the suit. We further direct that in case the suit of the : 3 : plaintiff-respondent is dismissed, the appellant will be entitled to get the said amount back. In case the suit is decided in favour of the plaintiff-respondent, the amount shall be paid over to the plaintiff- respondent. 4. Since the amount has been deposited in this court as stated above, the appellant is at liberty to dispose of the flat as he desires and the order dated 20th April, 2008, passed in Notice of Motion No.1029 of 2008 stands modified to that extent. 5. Appeal, accordingly, stands disposed of. Sd/- Sd/- [R.V. [R.V. [R.V. MORE, J.] MORE, J.] MORE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]