: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.1236 OF 2008 WITH CIVIL APPLICATION NO.1509 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Ms.Geeta Shastri i/b Khilani & Co. for the Appellants. Mr.B.S. Patil for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 4TH DECEMBER, 2008. P.C. : Admit and heard finally. 2. The impugned order though a mandatory injunction at the interlocutory stage warrants no interference. Admittedly however an amount of Rs.34,000/- is due and payable. That amount has been deposited in the Court. There is no reason not to permit the Appellants withdrawing the said amount unconditionally. There is no objection to the same from the Respondent either. : 2 : 3. To recover the amounts due, if any, or possession of the vehicles, the Appellants must file their own proceedings. It would serve no purpose to leave the vehicles idle till then. That would be to the detriment of both the parties. 4. In the circumstances, the impugned order is confirmed with the modification that the Appellants are at liberty to withdraw the amounts deposited together with interest thereon, if any, unconditionally but without prejudice to the rights and contentions of the parties. Further in the event of the Appellants adopting any proceedings for recovery of the vehicles or the balance amounts, if any, the same shall be decided without being influenced either by the impugned order or by this order. Further the Respondent is restrained from selling, alienating, transferring, disposing of or creating any third party rights in respect of the suit vehicles. : 3 : 5. The Appeal from Order and the Civil Application are accordingly disposed of.