spb/ 1 1ca1603-11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 1603 OF 2011 IN WRIT PETITION NO. 5623 OF 2005 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Rahul D. Motkari for the Applicant/ Petitioner. Mr. M.S. Lagu for the Respondents. --- CORAM : G.S. GODBOLE, J. DATE : 15TH NOVEMBER, 2011 P.C.:- 1 Heard Mr. Motkari for the Applicant and Mr. Lagu for the Respondents who are now brought on record as heirs. 2 The Application is strongly opposed. The amount of Rs. 25,000/- has been invested in a F.D.. The original Award against the original Petitioner is to the tune of Rs. 35,040/- with interest at 15% per annum from 1st October, 1990. Hence, instead of keeping the amount invested, the Society must be allowed to withdraw the said amount subject to the spb/ 2 1ca1603-11 final out come of the Petition. If the Petition succeeds, the Society will have to bring back the amount alongwith the simple interest at the rate of 10%. 3 Hence, the Civil Application is allowed. The Applicant Society is allowed to withdraw the amount of Rs. 25,000/- plus interest accrued thereon subject to the condition that if the Petition finally succeeds, the Society will bring back the amount with simple interest at 10%. 4 Hearing of the Petition is expedited and when the Petitions of the year 2005 are taken up for hearing this Petition should be given priority. (G.S.GODBOLE, J.)