1 1380.11.ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. APPEAL FROM ORDER NO.1380 OF 2011 WITH CIVIL APPLICATION NO.1800 OF 2011 Abdul S Khatri ... Appellant V/s. Rebecca Enterprises and Ors ... Respondents. Mr. Vinay J. Hegde,for the Appellant. Mr. Vasant Dhawan,for Respondent No.1. CORAM: R.M.BORDE, J. DATED : DECEMBER 22,2011. P.C. : Since the challenge raised in this appeal from order is in respect of refusal to grant ad-interim relief by the trial Court. This appeal from order can be conveniently disposed of by directing trial Court to dispose of pending notice of motion expeditiously. It is the defense of the original Defendant that the amount of Rs.34,90,000/- was received by him towards the loan transaction. The agreement placed on record, has not been disputed by Defendant No.1. In the affidavit-in-reply, filed by Defendant No.1 in paragraph No.5, it is stated that request was made repeatedly to the Plaintiff to collect the money with interest at the rate of 9%. However the same has not been collected by the Plaintiff. Thus, the acceptance of amount of Rs.34,90,000/- appears prima facie to be acceptable to the Defendant No.1 and he has also expressed his willingness to refund the amount. It is also pointed out 2 1380.11.ao that disputed structure has been demolished and therefore there is no question of granting any prohibitory order restraining – Defendant. The Defendant No.1 is directed without prejudice to his right and contentions to deposit the amount of Rs.34,90,000/- before the Trial Court within 12 weeks from today. This order is passed without prejudice to the right and contentions those would raised by Defendant No.1 before the trial court. The amount shall be invested by the Court during the pendency of the suit in fixed deposit and entitlement to the amount by the parties shall be subject to final decision of the Suit. The trial court is directed to decide the Notice of Motion as expeditiously as possible, preferably, within sixteen weeks from the date of receipt of writ of this order. 3. With the aforesaid directions, appeal from order stands disposed of. In view of disposal of appeal from order, pending civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J.)