1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.168 OF 2008 IN COMPANY PETITION NO.825 OF 2007 V A V Life Sciences Pvt.Ltd. Appellants vs. M/s.Padma Plastics Respondents Mr.S.K.Jain i/b.Mr.A.H.Punwani for the Appellants. Mr.Shadah Peerzade for the Respondents. CORAM : S.B.MHASE & R.V. MORE,JJ. DATED : 23rd September, 2008 P.C. Heard both the sides. 2. The amount as directed by the Order dated 25.02.2008 has been deposited in this Court. The Registrar (O.S.)/Prothonotary & Senior Master is directed to transfer the said amount to the Suit account as per the directions of the learned Single Judge whenever the proposed Suit is instituted by the Respondent. We find that the controversy in respect of the amount can be decided only in the Suit and, therefore, we dispose of this Appeal with the observation that while deciding the proposed Suit, the learned Judge dealing with the proposed Suit shall not be influenced by the 2 observations made by this Court in the Company Petition. All the contentions of the parties are kept open to be agitated in the proposed Suit. 3. Liberty to the Appellants to make an application in the proposed Suit for investment of the amount. 4. Appeal stands disposed of accordingly. [R.V.MORE,J.] [R.V.MORE,J.] [R.V.MORE,J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]