HON’BLE SMT. JUSTICE T. MEENA KUMARI C.R.P. No.3442 of 2009 Date: 28.8.2009 Between: M/s. Tata International Ltd., Shivsagar Estate, Mumbai. … Petitioner And The Oriental Insurance Co. Ltd., Hyderabad. … Respondent THE HONOURABLE Smt. JUSTICE T. MEENA KUMARI C.R.P. No.3442 of 2009 ORDER: This revision is directed against the docket order of the learned XI Additional Chief Judge, City Civil Court, Hyderabad made in I.A. No.175 of 2009 in O.S. No.40 of 2002. The petitioner is the plaintiff. It filed the aforementioned suit before the Court below seeking payment of certain amount. The said suit was decreed partly on 3.12.2007 and the respondent was directed to pay a sum of Rs. 23,38,511 together with interest at 7.5% from the date of claim till the date of realization. The respondent also was directed to pay a sum of Rs. 96,193/- to the petitioner towards proportionate costs. Aggrieved by the same, the respondent carried the matter in appeal before this Court in A.S. No. 658 of 2008. In that appeal, it also filed an application seeking stay of the proceedings pursuant to the judgment and decree dated 3.12.2007 in O.S. No. 40 of 2002. Through order dated 12.8.2008, this Court granted stay of all further proceedings in the aforesaid suit. Subsequently, the petitioner filed an application in A.S.V.M.P. No.2701 of 2008 seeking vacation of the interim orders earlier granted. This Court through order dated 23.12.2008, while modifying the interim order granted on 12.8.2008, directed the respondent to deposit 50% of the decretal amount together with costs within a period of eight weeks before the Court below and on such deposit, the petitioner was permitted to withdraw the same without furnishing any security. In pursuance of the said order, it appears the petitioner has filed the present application in I.A. No.175 of 2009 before the Court below seeking to allow it to withdraw an amount of Rs.22,72,325/- along with accrued interest and also filed a cheque petition to that effect. However, the Court below took objection to the said cheque petition on the ground that 50% of the decretal amount plus costs would come to Rs.12,65,448 instead of Rs. 22,72,325/- as claimed by the petitioner. Feeling aggrieved, the petitioner filed the present revision. Learned counsel for the petitioner would submit that admittedly 50% of the decretal amount and costs together with accrued interest would come to Rs.22,72,325/- and the respondent also has deposited the said amount in pursuance of the order of this Court dated 23.12.2008 before the Court below. However, the Court below has misconstrued the order of this Court and erroneously took objection to the cheque petition filed by the petitioner. He, therefore, prayed that appropriate directions be issued. On the other hand, Sri A. Krishnam Raju, learned Standing Counsel appearing on behalf of the respondent has submitted that in pursuance of the order of this Court, the respondent has deposited an amount of Rs. 22,72,325/- before the trial Court and stated that they have no objection if the petitioner is allowed to withdraw the said amount. Accordingly, while placing the said submission of the learned counsel on record, the revision petition is allowed and the impugned order is set aside. The petitioner is permitted to withdraw the amount of Rs. 22,72,325/-, which was deposited in pursuance of the order of this Court dated 23.12.2008. No costs. ___________________ T. MEENA KUMARI,J DATE: 28th August, 2009 pnb