1 caf2227-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 2227 OF 2011 IN FIRST APPEAL NO. 994 OF 2004 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. R. S. Apte, Senior Counsel i/b. Mr. V. P. Patankar for the applicants. Mr. V. C. Ghosalkar for respondent No.1. ..... CORAM : A.S.OKA, J. DATE : AUGUST 9, 2011. P.C.: Heard the learned senior counsel appearing for the applicants. Perusal of the application shows that the applicants have not complied with the order dated 4th July, 2008 passed by this Court in Civil Application No.1319 of 2008. There is a clear breach of clause (e) of paragraph 2 of order dated 4th July, 2008. The contention of the applicants is that as the licensee has not paid the compensation amount, 2 caf2227-11 50% thereof has not been deposited by the applicants. 2. Prayer (b) is completely misconceived. The amount cannot be adjusted against air conditioners and generator set. As far as prayer (a) is concerned, the same cannot be considered as there is non compliance of clause (e) of order dated 4th July, 2008 passed in Civil Application No.1319 of 2008. 3. The learned senior counsel appearing for the applicants submits that the licensee has no objection if the security deposit amount is permitted to withdrawn by the applicants. After the applicants comply with order dated 4th July, 2008, the request for withdrawal of the deposit amount can be considered. Hence, the application is rejected with liberty to the applicants to apply for withdrawal of the security amount only after the compliance of the order dated 4th July, 2008. (A.S.OKA, J.)