1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1617 OF 2002 IN FIRST APPEAL NO. 354 OF 2002 Meghnath J. Shetty ...Appellant/Applicant Versus Vasant J. Shetty & Anr. ...Respondents a/w. CIVIL APPLICATION NO. 2509 OF 2009 IN FIRST APPEAL NO. 354 OF 2002 Shridhar J. Shetty ...Appellant/Applicant Versus Meghnath J. Shetty & Anr. ...Respondents Mr.P.J.Thorat i/b. Mr.R.A.Thorat for the Appellant/Applicant in CAF 1617 of 2002 and for the Respondent in CAF 2509 of 2009 Mr.R.S.Datar for the Respondent No.2 in CAF 1617 of 2001 and Appellant in CAF 2509 if 2009 CORAM:- A.V.NIRGUDE J. DATED:- 28th NOVEMBER, 2011. P.C. 1. Heard. The appellant has challenged the judgment and decree dismissing the suit for declaration and injunction. The respondent no.2 is his brother. The dispute between the brothers is in respect of 2 running the restaurant business. Due to dismissal of the suit, the respondent no.2 would be able to participate in the suit business. If the appellant wants to secure temporary injunction to prevent the respondent no.2’s entry in the business, he will have to deposit certain amount in the court. Looking to the nature of business and the income from the same, I am of the view that the appellant shall be directed to deposit Rs.5000/- per months from the date of dismissal of the suit. The arrears shall be deposited within six months from today. 2. The appellant shall deposit Rs.5000/- per month in this Court on or before 10th of every month. The amount so deposited shall be invested in fixed deposit in a nationalized bank . This amount shall be subject to final outcome of the appeal. 3. In case the amount is not deposited, as directed above, application shall stand dismissed. (A..V.NIRGUDE, J.)