- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.125 OF 2008 OF MOTION NO.125 OF 2008 OF MOTION NO.125 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO.985 OF 2007 PETITION NO.985 OF 2007 PETITION NO.985 OF 2007 Devanshu Gopal Ramsay ...Petitioner vs. Rukhsana Shaikh ...Respondent Mr.Shailesh More i/b Mr.S.M.Naik for the Applicant in support of Notice of Motion Mr.Rajesh Gohani for the respondent CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 9,2008 : APRIL 9,2008 : APRIL 9,2008 P.C.: P.C.: P.C.: 1. Heard learned counsel for the Applicant in support of the notice of motion. The Applicant is the original petitioner. My attention is invited to the order dated 31st January 2008 passed by this court in notice of motion No.490 of 2007 taken out by the Applicant (the petitioner). It is pointed that in terms of the said order, the Applicant-Petitioner was required to furnish a bank guarantee in the sum of Rs.1,00,000/-. However, till today, the Applicant-Petitioner could not furnish bank guarantee. Prayer in this notice of motion is for granting extension of time or in the alternative for modification of the order dated 31st January 2008 by permitting the Applicant-Petitioner to deposit a sum of Rs.1,00,000/- in this court instead of a bank guarantee. 2. After having heard the learned counsel for the Respondent, I find that a case is made out for modification of the order - 2 - dated 31st January 2008 as prayed by the Applicant-Petitioner. 3. Hence, notice of motion is disposed of by passing the following order : i) The Applicant-Petitioner is permitted to deposit in this court a sum of Rs.1,00,000/- in stead of furnishing a bank guarantee as directed by the order dated 31st January 2008. To that extent the order dated 31st January 2008 is modified. However, the Applicant-Petitioner will have to deposit a sum of Rs.1,00,000/- in this court within a period of two weeks from today. ii) If the amount of Rs.1,00,000/- is not deposited within stipulated time, conditional order incorporated in order dated 31st January 2008 will operate. iii) If the amount is deposited, the Registry will invest the said amount in fixed deposit with any nationalised bank and the fixed deposit shall be renewed from time to time till the disposal of the writ petition. iv) If compliance is made by depositing a sum of Rs.1,00,000/- as aforesaid, the petition shall be placed for admission on 29th April 2008. - 3 - JUDGE JUDGE JUDGE