1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.586 OF 2009 IN WRIT PETITION NO.5596 OF 2008 Shri Prabhunarayan Singh & ors. ..Applicants. V/s. Amum Builders & Ors. ..Respondents. Mr.R.M.Hardas i/b. Mr.P.M.Joshi for applicants. Mr.P.S.Dani for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 3, 2009. DATE : MARCH 3, 2009. DATE : MARCH 3, 2009. P.C. : P.C. : P.C. : 1. Not on board. Upon production taken on board. 2. This Application is opposed by the Respondent. However, by way of indulgence, it is granted on condition that the Applicant shall deposit Rs.4,00,000/-(Rs.Four Lakhs only) in this Court within two weeks from today, failing which Office to treat this Application as dismissed for non- prosecution without further reference to the Court. This condition is imposed as I find merit in the submission of the Respondent that indulgence be shown to the Petitioners only if the Petitioners were to show their bonafide in bringing amount commensurate to the decreetal amount, being a money decree. 2 3. If amount is deposited in time, the Writ Petition shall stand restored to the file, to be listed on 1st April, 2009 under appropriate caption. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)