1 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2169 OF 2009 IN APPEAL NO.359 OF 2008 IN S.C.SUIT NO.996 OF 1973 E. Leslie & Co. .. Appellant Versus Vaividhya Print Crafts & Ors. .. Respondents Mr. Amit Karande i/b Manoj Mhambrey for Appellant Ms. Manali Patwardhan i/b Solomon & Co. for Respondent No.2A CORAM : B.H. MARLAPALLE & SMT. V. K. TAHILRAMANI, JJ. DATE : 11 th March, 2010 P.C.: 1. We have perused the Affidavit in reply filed by Mr. Upendra Shukla-Respondent No.2A. It is clear from the said Affidavit that the original Defendants have been paying by way of deposit in Court an amount of Rs.1,200/- on or before 5 th day of every month, as per the order dated 8 th January, 1974 and the said amount has been deposited right upto March 2010. 2 2. Hence, this Notice of Motion for giving directions to the Respondent to deposit an amount of Rs.1200/- per month and arrears from July 2008, does not survive. 3. So far as the prayer for withdrawing of the amount is concerned, the Appellant may move a fresh Notice of Motion, which will be considered on its own merits. 4. Save and except above stated liberty, Notice of Motion is rejected. (SMT. V. K. TAHILRAMANI, J.) (B.H. MARLAPALLE, J.)