IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4045 of 2007. NOTICE OF MOTION NO.4045 of 2007. NOTICE OF MOTION NO.4045 of 2007. IN IN IN SUIT NO.3211 of 1996. SUIT NO.3211 of 1996. SUIT NO.3211 of 1996. Jalal Kazemi & Ors. ..Plaintiffs versus Marine Restaurant & Stores & Ors. ..Defendants Mr.Dubhash i/b. Desai & Co. for the Plaintiff Mr.Y.R.Shah for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 28th July, 2008. DATED : 28th July, 2008. DATED : 28th July, 2008. P.C. 1. This motion is taken out by the defendant No.9 so as to withdrawn the 1/15th share in the amount which is lying in the office of the Prothonotary & Senior Master pursuant to the Order dated 1.7.1998. Plaintiffs have not filed any reply. 2. I have heard learned advocates on both the sides. Learned Advocate Mr.Shah argued in support of the motion and learned Advocate Mr.Dubhash opposed the motion. The Court is informed that no other defendant has prayed for a similar relief so as to withdraw the amount from the booty which is -2- lying with Prothonotary & Senior Master. Learned Advocate Mr. Shah in the midst of the arguments applied for withdrawal of the motion with liberty to file motion with the same reliefs if some other defendant makes a prayer for withdrawal of the amount from the booty lying with the Prothonotory & Sr. Master. The submission is fair so far as the statement is made regarding filing of motion after some other party prays for the withdrawal of the amount. Hence the Order. ORDER Defendant No.9 is permitted to withdraw this motion with liberty to take out motion for the same relief if some other party applies for the withdrawal of the amount from the booty lying with the Prothonotary & Senior Master. No order as to costs. Suit set down for issues on 20.8.008. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)