1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 121 OF 2010 IN FIRST APPEAL NO.1606 of 2009. Mr.Subhash Sanas .. Applicant (Org.Respondent in F.A.) v/s. Mr.Sushil V. Sajnani ..Respondents Mr.R.V.Govilkar i/b. J.V.Pande for the Applicant. Mr.S.A.Vaidya for the Respondent CORAM : D.B.BHOSALE & R.Y.GANOO, JJ. DATED : January 15, 2010 P.C. : 1. By this Civil Application the applicant has prayed for allowing him to withdraw the amount deposited by him, in pursuance of the impugned judgment passed by the trial Court in Special Civil Suit No.889 of 2006. The said suit was filed by the applicant, who is respondent in the first appeal, for specific performance, declaration and injunction. The suit was decreed by the impugned judgment and the applicant was directed to 2 deposit the balance consideration/price of Rs.29,75,000/- in the court within two months. The applicant accordingly had deposited the said amount in the trial court. In the meanwhile, the respondent who is appellant in the first appeal, challenged the impugned judgment and obtained interim stay of the execution and operation of the decree. In view thereof Mr.Govilkar, learned Counsel for the applicant submits that the appeal is not likely to be heard in near future and therefore the applicant, without prejudice to his rights and contentions in the appeal, be allowed to withdraw the said amount with liberty to the applicant to redeposit, if he ultimately succeeds in the appeal. 3. Mr.Vaidya, learned Counsel for the respondent has no objection for allowing the applicant to withdraw the said amount. However, he submits that in the event the appeal is dismissed, the applicant will have to deposit the said amount with interest. Having considered the submissions of the learned Counsel for the parties, we pass the following order. i) The applicant is allowed to withdraw the amount deposited by him in the trial Court, without prejudice to his rights and contentions in the appeal. 3 ii) In the event the appeal is dismissed, the appellant will have to redeposit the amount with interest, as may be decided by this Court while disposing of the appeal. iii)Civil Application is accordingly disposed off. [D.B.BHOSALE, J.] [R.Y.GANOO, J.]