1 WP4964-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4964 OF 2010 M/s.SICOM Investments & Finance Ltd. ..Petitioner Vs. Sanjay Bhupatrai Shah and ors. ..Respondents ......... Mr.G.D.Utangale i/b.M/s.Utangale & Co., for petitioner. Ms.Archana A.Deswandikar, for respondent nos.4, 5 and 7 to 9. Mr.Manoj Dalvi, for respondent nos.1 to 3. Mr.R.R.Singh, for respondent nos.6 and 10. ......... CORAM: R.G.KETKAR, J. DATE : 23rd SEPTEMBER, 2010. P.C. : Heard learned counsel for the respective parties. This petition is directed against the judgment and order dated 20 th January, 2010 below exhibit 5 as also judgment and order dated 20 th January, 2010 below exhibit 37 in Special Civil Suit No.469 of 2009 passed by learned 3 rd Joint Civil Judge Senior Division, Kalyan. 2] In so far as the challenge to order below exhibit 5 dated 20 th January, 2010 is concerned, in my opinion, this Writ Petition is not an appropriate remedy. If at all the petitioner is aggrieved by that order, the remedy lies elsewhere. Mr.G.D.Utangale, learned counsel for petitioner, on instructions, seeks permission to delete the prayer in so far as the petitioners challenge the order 2 WP4964-10.sxw dated 20 th January, 2010 passed below exhibit 5. He seeks permission to amend the prayer clause (b) and (d) of the petition by deleting challenge to order dated 20 th January, 2010 below exhibit 5. Leave granted. Amendment be carried forthwith. 3] In so far as the order dated 29 th January, 2010 below exhibit 37 is concerned, by order dated 20 th July, 2010 passed by this court permission was granted to respondent nos.1 to 3 to deposit amount of Rupees Three Crores and Fifty Lacs in the trial court within one week. In the meantime, the petitioner was directed to file statement of account showing exact amount due so far. It was further directed that after filing of exact amount, the order regarding balance amount will be passed. It is not in dispute that pursuant to order passed by this court, respondent nos.1 to 3 have deposited Rupees Three Crores Fifty Lacs in the trial court. Mr.Utangale submits that the petitioner is entitled to amount over and above RupeesThree Crores and Fifty Lacs and, for that purpose, the petitioner will take out appropriate application in the trial court. He further submits that the petitioner may be allowed to withdraw the amount of Rupees Three Crores Fifty Lacs deposited in the trial court, subject to depositing title deeds in the trial court. 4] Learned counsel for respondent nos.1 to 3 submits that the petitioner should not be allowed to withdraw Rupees Three Crores Fifty Lacs unless the title deeds are deposited as per Section 83 of the Transfer of Properties Act, 1882. Learned counsel for respondent no.4, 5 and 7 to 9 has no objection for withdrawal of amount subject to deposit of title deeds in the trial court. Learned counsel for respondent nos.6 and 10 submits that he has no objection for 3 WP4964-10.sxw withdrawal of the amount subject to petitioners depositing title deeds and without prejudice to the rights and contentions of respondent Nos.6 and 10 in the trial court as well as in Appeal from Order pending in this court. In view of this, petition is disposed of in the following terms:­ (a) Petitioner shall take out appropriate application in the trial court pointing out the amount due and payable which is over and above Rupees Three Crores and Fifty Lacs. (b) On the condition of petitioner’s depositing title deeds in the trial court, petitioner is permitted to withdraw Rupees Three Crores and Fifty Lacs. Withdrawal of the said amount will be without prejudice to rights and contentions of the parties. (c) On an application made by petitioner setting out claim over and above Rs.Three Crores and Fifty Lacs, the trial court will hear all the parties and thereafter pass order in accordance with law. (d) Petitioner shall give notice to all the concerned parties before withdrawal of amount of Rs.Three Crores and Fifty Lacs. [R.G. KETKAR, J.]