IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO 2980 OF 2006 OF MOTION NO 2980 OF 2006 OF MOTION NO 2980 OF 2006 IN IN IN APPEAL APPEAL APPEAL NO. 100 OF 2006 NO. 100 OF 2006 NO. 100 OF 2006 IN IN IN COMPANY COMPANY COMPANY PETITION NO. 746 OF 2004 PETITION NO. 746 OF 2004 PETITION NO. 746 OF 2004 Dynamic Logistics Pvt. Ltd. ] .. Appellants (Ori.Respondents) Versus Small Industrial Development Bank ] of India. ] .. Respondents (Ori.Petitioners) Mr. C.J. Sawant, senior counsel with Mr. Rishabh Shah i/b Mr. Ravel Shah for the appellants. Mr. Arif Y. Bookwala, senior counsel with Mr. D.M. Thakkar i/b M/s. Pragna Thakkar & Co. for the respondents. CORAM: R.M. LODHA & S.A. BOBDE, JJ. DATED: 19TH SEPTEMBER, 2006 P.C. : . Heard. 2. It is not disputed before us by the senior counsel for the appellants that the principal amount is in the sum of Rs.4,80,00,000/- out of which, we are informed, that the sum of Rs.1,44,00,000/- is deposited by the appellants under the order of the Debt Recovery Appellate Tribunal. Keeping this in view, we pass the : 2 : following order : (i) The appellants shall pay to the respondents, the sum of Rs.3,36,00,000/- in three equal instalments of Rs.1,12,00,000/-. First of such instalment shall be paid by the appellants to the respondents on or before 1st November, 2006. The second instalment shall be paid on or before 15th December, 2006 and the third instalment shall be paid by the appellants to the respondents before 1st March, 2007. (ii) Upon compliance, the operation of the impugned order shall remain stayed. . Notice of Motion stands disposed of accordingly. Sd/- [R.M. [R.M. [R.M. LODHA, J.] LODHA, J.] LODHA, J.] Sd/- [S.A. [S.A. [S.A. BOBDE, J.] BOBDE, J.] BOBDE, J.]