1 NMS1931.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 1931 OF 2010 IN SUMMARY SUIT NO. 6667 OF 1999 Jayesh Dayalla Khira ... Plaintiff v/s 1. M/s.Toowell (India) & anr. ... Defendants Mr.A.R.Shah for the plaintiff. Mr.N.B.Jagad for the defendants. CORAM: R.M.SAVANT, J. DATED: 14TH MARCH, 2011 P.C.: 1. The above notice of motion has been filed by defendant Nos.1 and 2 for the following reliefs: “(a) This Hon’ble Court may be pleased to allow the defendants No.1 and 2 to replace the security of Rs. 30,000/- furnshed by depositing Kisan Vikar Patra in this Hon’ble Court against depositing Rs.30,000/- by way of cash/bankers cheque in place of the Kisan Vikas Patra. (b) Interim and ad-interim reliefs in terms of prayer clause (a) above may be granted for; (c) For cost of notice of motion be provided for. 2 NMS1931.10 (d) For such other reliefs as this Hon’ble Court may deem fit and proper be granted.” The reasons therefor are mentioned in the affidavit in support of the notice of motion. The Kisan Vikas Patra in question are four in number, two are for Rs.10,000/- each bearing Nos.06CD 673090 and 06CD 673091 and two are for Rs.5000/- each bearing Nos.87BB 228971 and 86BB 698697. The said Kisan Vikas Patras have already matured in the year 2010. The plaintiffs want to cover the amount of Rs.30,000/- which is the face value of the aforesaid Kisan Vikas Patras by furnishing a demand draft of the said amount or pay the said amount of Rs.30,000/- in cash. 2. The Notice of motion is accordingly made absolute in terms of prayer clause (a). 3. The defendant Nos.1 and 2 to furnish a Demand Draft of Rs.30,000/- in favour of the Prothonotary & Senior Master of the High Court, Bombay and only on such Demand Draft of a nationalized bank being furnished that the benefit of this order will ennure to defendant Nos.1 and 2. The said amount of Rs.30,000/- would thereafter be invested by the Ld. Prothonotary & Senior master in a fixed deposit of a nationalized bank initially for a period of two years, to be 3 NMS1931.10 renewed thereafter from time to time as deemed fit. 4. Notice of motion is accordingly disposed of. 5. Insofar as the interest which has accrued on the amount of Rs.30,000/- and which will accrue in future, the plaintiffs will be at the liberty to claim the same at the hearing of the suit. (R.M.SAVANT, J.) 4 NMS1931.10