car11-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.11 OF 2010 IN ARBITRATION APPEAL NO.9 OF 2010 Atul Sumant Raut & ors. ....Appellants V/s. M/s.Seema Constructions & Ors. ....Respondents Mr.S.S. Joshi for the Appellants. Mr.R.S. Datar for the Respondents. CORAM : S.J. VAZIFDAR, J. DATE : 21ST JANUARY, 2011. P.C. :- 1. There is nothing to indicate that the respondents are not ready or willing to perform the terms and conditions of the contract. In the facts and circumstances of this case, a deposit order is not warranted merely because the respondents seek an injunction. Such an order would be unfair to the respondents who would have deposited the entire consideration without getting any benefit under the agreement. There is nothing in law which requires that in every case where an injunction is granted in an action for specific performance, the plaintiff ought to deposit the consideration. 2. The civil application is therefore, dismissed.