* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4346 OF 2009 IN FIRST APPEAL (ST) NO. 18811 OF 2009 [M/S.KOTAK MAHINDRA BANK LTD V/S. K.RANVIR SINGH, SON OF KEHER SINGH] _____________________________________________________________________________________ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : _____________________________________________________________________________________ Ms.Birendra Saraf with Ms.Pooja Kshirsagar i/by.Mahesh Menon & Co.,adv.for applicant. Mr.Clive D souza, adv.for respondents. ’ CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 12TH NOVEMBER 2009. PC :- 1. Heard counsel for both sides. 2. This Civil Application is taken out by the applicant for cancellation of the warrant of attachment dated 30th October, 2009 issued by the Bombay City Civil and Sessions Court in execution of the decree dated 24th June, 2008. * 2 * The applicant has deposited the entire amount mentioned in the warrant of attachment in this court. This deposit has been made by the applicant without prejudice to the rights and contentions between the parties. Thus, the respondent is completely secured as regards the amount mentioned in the warrant. In the circumstances, there is no purpose in continuing the warrant of attachment. The Civil Application is allowed in terms of prayer clauses (b) and (c). In view of the order in terms of prayer clauses (b) and (c), no order in terms of prayer clause (a) be granted. The respondent is at liberty to file an application for withdrawal of the amount deposited by the applicant in the court. The application will then be considered on its merits. 3. All concerned to act on authenticated copy of this order. [JUDGE]