: 1 : nms-416-11=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 416 OF 2011 IN EXECUTION APPLICATION NO.26 OF 2005 IN SUMMARY SUIT NO.1250 OF 2004 Kantilal Otarmal .. Plaintiff v/s. Kashmira @ Kavita H. Kulkarni & Anr. .. Defendants and Bank of India .. Respondent ......... Mr. Kishore Jain i/b Tushar Goradia for the plaintiff Mr. G.D. Utangale i/b Utangale & Co. for the defendants in support of NMS. ......... CORAM : R.Y.GANOO, J. DATE : 10th FEBRUARY, 2011 P.C. : 1. Matter was called out. Learned Counsel Mr. Utangale appearing on behalf of the respondent submitted that he would like to file appropriate proceedings so as to challenge order dated 24th July, 2009 on merits. He sought liberty to withdraw this motion with liberty to file appropriate proceedings to challenge order dated 24th July, 2009 at Exh.D to the motion. : 2 : nms-416-11=.sxw 2. Learned Counsel Mr. Jain appearing on behalf of the plaintiff upon instructions states that plaintiff shall not withdraw Rs.4,72,393/- lying with Sheriff of Bombay till 17th February, 2011. In view of the above, following order is passed. ORDER (i) Notice of Motion is allowed to be withdrawn with no order as to costs. Liberty is granted to the respondent to file appropriate proceedings so as to challenge order dated 24th July, 2009. (ii) It is clarified that if the respondent is unable to obtain appropriate orders restraining plaintiff from withdrawing Rs. 4,72,393/- from the office of Sheriff of Bombay on or before 17th February 2011, on or after 18th February, 2011 Sheriff of Bombay shall pay the aforesaid amount to the plaintiff. (iii) Office to supply authenticated copy of this order to the advocate for the plaintiff as well as advocate for the respondent. (R.Y.GANOO, J.)