1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.94 OF 2009 IN SUIT NO.29 OF 2009 T.V.Neelakanta .. Plaintiff Versus T.V.Premkumar and Ors. .. Defendants Mr.G.D.Utangale i/b. Utangale & Co. for plaintiff CORAM : S.C.DHARMADHIKARI, J. DATE : November 23, 2009. P.C.: 1] From the record it appears that the defendant Nos. 1 and 2 are duly served. There is vakalatnama dated 11th February 2009 filed by Advocate Sameer Sarambalkar. His name also duly shown on board. From the ad- interim order dated 15th January 2009, it is apparent that both plaintiff and defendant No.1 are at this stage held not to be entitled to the proceeds of the bond. Therefore, Mr.Utangale submits that the bonds having matured, no useful purpose will be served by retaining the same with defendant No.2 bank. Instead, the court should direct that the bank must deposit the amount under the bond on their maturity (if permissible with accrued interest), in Court and that the court should make appropriate order with regard to the investment. 2 2] This suggestion of Mr.Utangale is fair and reasonable. The ad- interim order dated 15th January 2009 to the extent that it directs that the defendant No.2 shall not disburse the amount under the suit bond either in favour of defendant No.1 or any other party is confirmed. That direction to continue till hearing and final disposal of the suit. 3] However, in modification of the order dated 15th January 2009, it is directed that if the bonds are matured then second defendant bank should deposit the sums on maturity in this Court within a period of four weeks from the date of receipt of a copy of this order. Upon such deposit being made, the Prothonotary and Senior Master shall invest the same in Fixed Deposit of any Nationalised bank and further abide by the orders of the Court. After the amount is deposited in Court, plaintiff is at liberty to seek variation and/or modification of the order and direction so as to enable him to make arrangements for looking after his disabled brother. Motion is made absolute accordingly. (S.C.DHARMADHIKARI, J)