[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.991 OF 2001 IN NOTICE OF MOTION NO.2941 OF 1998 IN SUIT NO.886 OF 1995 Brijraj Dindayal Agrawal .... Appellant Vs. Bank of Baroda & Anr. .... Respondents Sarvasri A.C. Singh a/w Anil Yadav i/b D.R. Shah for the Appellant. Shri D.S. Paranjape for the Respondent No.1. CORAM: CORAM: CORAM: SRI R.M.S. KHANDEPARKAR & SRI P.B. MAJMUDAR, JJ. DATED: DATED: DATED: JUNE 02, 2008 P.C: P.C: P.C: 1. Heard. Though the impugned order is sought to be challenged on various grounds, it is not necessary to address to all those grounds and taking into consideration what transpired during the course of the hearing of the matter, suffice to dispose of this appeal by the following order: Without prejudice to the rights of the parties, the appellant to deposit the royalty amount of Rs.750/- per month in terms of the impugned order from the month of June, 2008 onwards, on or before the 15th of every month to which [2] it pertains to and to deposit the balance amount for the period from 1-6-2001 till 31-5-2008 within a period of three months from today. The amount so deposited by the appellant in the Court shall be invested in any nationalised Bank and shall be kept invested till the final disposal of Suit No.886 of 1995 or till any such order which may be passed in the said suit for the reasons to be recorded in that regard. In case the appellant succeeds in getting favourable order in the said suit, the entire amount so deposited shall be refunded to the appellant along with the interest which may accrue thereon. 2. We make it clear that we have not expressed any opinion on any of the points sought to be raised in the matter and all the issues are kept open, to be decided in the suit. The amount should be deposited with the Registry and shall be invested as directed above. 3. With the above order, the appeal stands disposed of with no order as to costs. [3] (P.B.Majmudar, J.) (R.M.S.Khandeparkar, J.) sjs/J8a991.01 sjs/J8a991.01 sjs/J8a991.01