1 jo19-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Judges Order No. 19 of 2011 in Execution Application No.794 of 2010 in Suit No. 2324 of 2007 Haresh T. Bhatia & Ors. .. Plaintiffs v/s. Vipul Nathurdas & Ors. ..Defendants Ms. Manorama Mohanty a/w. Ms.Gunjan Shah i/b.S.K.Srivastav & Co. for the Plaintiffs. CORAM : R.Y.GANOO, J. DATED : 9th February, 2011 P.C. : 1. Heard learned Counsel for the plaintiffs. The plaintiffs have deposited sum of Rs.1,34,784/- as ordered on 31.1.2011. Xerox copy of the receipt was made available to the Court for Court’s perusal. Now that the plaintiffs have deposited the aforesaid amount, there will be no difficulty in passing the Judges Order so that the plaintiffs would be able to get possession in respect of the property set out in red colour on the sketch plan at Exhibit E. A sum of Rs.1,34,784/- 2 jo19-11.sxw has been deposited by the plaintiffs. It is possible that the defendant no.1 may claim that amount. In order to resolve as to whether the defendant no.1 is entitled to the said amount, defendant no.1 may have to initiate proceeding, as plaintiffs are likely to dispute the payment of the said amount to the defendant no1. In view of this, by this Order I wish to set out a time limit within which the defendant no.1 will have to adopt appropriate proceeding if at all they intend to withdraw the amount. If the appropriate proceeding is not taken out by the defendant no.1 the said amount should go back to the plaintiffs. It will be open for the defendant no.1 to adopt appropriate proceedings in accordance with the provisions of law if they wish to recover the amount from the plaintiffs. 2. In view of the above, following order is passed. ORDER i) Judges Order is made absolute. I have signed it today i.e. 9th February, 2011. ii) Learned Counsel for the plaintiffs had drawn my attention to the order dated 31.1.2011 for pointing out two corrections. One 3 jo19-11.sxw correction is at page 1, and the second correction is at page 2. I have carried out the corrections and put my initials. Order dated 31.1.2011 be read accordingly. Iii) As mentioned earlier, if the defendant no.1 is interested in claiming the sum of Rs.1,34,784/- which has been deposited by the plaintiffs, the defendant no.1 will have to take out appropriate proceeding. iv) If defendant no.1 fails to take out appropriate proceedings by 15.4.2011, office to return the said amount along with interest if any to the plaintiffs without guarantee or security. If the defendant no.1 institutes the proceeding as above, the said amount shall be retained by the court subject to the orders which may be passed in the said proceedings. v) Plaintiffs to serve copy of this order upon the defendant no.1 on his last known address by R.P.A.D. [R.Y.GANOO, J.]