IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2309 OF 2008 IN FIRST APPEAL NO.1105 OF 1987 M/s.Vakharia Construction Co. .. Applicants (Respondent in the F.A.) Versus Hindustan Organic Chemicals Ltd & Anr. .. Respondents (1st Respondent- Appellant in the F.A.) Mr.V.P.Sawant for the applicants. Mr.Vivek Walawalkar for the respondent no.1. Mr.S.H.Patel for the respondent no.2. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 08th December 2008. : 08th December 2008. : 08th December 2008. P.C.: . Heard the learned counsel appearing for the applicants. The first grievance in the application is that on fixed deposit made of the amount deposited by the 1st respondent in this Court, the 2nd respondent has not paid the entire amount due and payable by way of interest. Reliance is placed on certain circulars. The Registrar (Judicial-I) to examine this aspect. If the Registrar (Judicial-I) is of the view that interest paid by the 2nd respondent bank is not as per the terms and 2 conditions of the fixed deposit, the registry will have to take initiate appropriate action against the 2nd respondent bank. If the registry finds that the 2nd respondent has not paid the entire interest payable on the fixed deposit, apart from taking appropriate action the registry will ensure that the amounts deposited in this Court shall not be henceforth invested with the 2nd respondent bank. 2. The second prayer made in this application is for directing the 1st respondent to pay the bank guarantee charges to the applicant. The First Appeal challenging a decree passed in terms of the arbitral award has been confirmed by this Court and First Appeal is no more pending. Therefore, it is for the applicant to take out appropriate proceedings against the 1st respondent either in execution or otherwise for recovery of the amount claimed in this Civil Application. Whether the applicant is entitled to the said amount or not is a question which will have to be decided in appropriate proceedings and all contentions of the parties are expressly kept open. Civil Application is disposed of. (A.S.Oka,J)