(-1-) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5473 OF 2005 CIVIL APPLICATION NO. 5473 OF 2005 CIVIL APPLICATION NO. 5473 OF 2005 IN IN IN FIRST APPEAL (ST.) NO. 19210 OF 2005 FIRST APPEAL (ST.) NO. 19210 OF 2005 FIRST APPEAL (ST.) NO. 19210 OF 2005 Morgan Guarantee Trust Company & Anr ...Applicants Versus Ruksana Abubakar Rakhangi & Anr ...Respondents ..... Shri. S.M. Vidyarthi, counsel for the Applicants Shri. Ashwin Shetye h/f S.B. Shetye, counsel for Respondents. ..... CORAM: CORAM: CORAM: DR. S. RADHAKRISHNAN AND DR. S. RADHAKRISHNAN AND DR. S. RADHAKRISHNAN AND SMT. V.K. TAHILRAMANI, JJ. SMT. V.K. TAHILRAMANI, JJ. SMT. V.K. TAHILRAMANI, JJ. DATED: 16TH DECEMBER, 2005 DATED: 16TH DECEMBER, 2005 DATED: 16TH DECEMBER, 2005 P.C.:- P.C.:- P.C.:- 1. Rule. Rule made returnable forthwith. 2. Heard the learned counsel for the Applicants and the learned counsel for Respondents. By this Civil Application the Applicants are seeking condonation of 63 days’ delay. For the reasons stated in the Civil Application, sufficient cause is made out. There is no case of inaction, negligence or want of bonafide. Hence, civil application is made absolute in terms of prayer clause (a). ***** (-2-) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5474 OF 2005 CIVIL APPLICATION NO. 5474 OF 2005 CIVIL APPLICATION NO. 5474 OF 2005 IN IN IN FIRST APPEAL (ST.) NO. 19210 OF 2005 FIRST APPEAL (ST.) NO. 19210 OF 2005 FIRST APPEAL (ST.) NO. 19210 OF 2005 Morgan Guarantee Trust Company & Anr ...Applicants Versus Ruksana Abubakar Rakhangi & Anr ...Respondents ..... Shri. S.M. Vidyarthi, counsel for the Applicants Shri. Ashwin Shetye h/f S.B. Shetye, counsel for Respondents. ..... CORAM: CORAM: CORAM: DR. S. RADHAKRISHNAN AND DR. S. RADHAKRISHNAN AND DR. S. RADHAKRISHNAN AND SMT. V.K. TAHILRAMANI, JJ. SMT. V.K. TAHILRAMANI, JJ. SMT. V.K. TAHILRAMANI, JJ. DATED: 16TH DECEMBER, 2005 DATED: 16TH DECEMBER, 2005 DATED: 16TH DECEMBER, 2005 P.C.:- P.C.:- P.C.:- 1. Rule. Rule made returnable forthwith. 2. Heard the learned counsel for the Applicants and the learned counsel for Respondents. 3. For the reasons stated in the civil application, civil application is made absolute in terms of prayer clause (a) on the Applicants depositing entire decreetal amount within a period of six weeks from today. The Respondents are entitled to withdraw an (-3-) amount of Rs.10,00,000/- (Rupees Ten lakhs only) without security and the balance amount after furnishing security to the satisfaction of the trial Court. An amount of Rs.25,000/- deposited in this Court be transferred to the trial Court. Civil Application stands disposed of. ***** (-4-) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 19210 OF 2005 FIRST APPEAL (ST.) NO. 19210 OF 2005 FIRST APPEAL (ST.) NO. 19210 OF 2005 Morgan Guarantee Trust Company & Anr ...Appellants Versus Ruksana Abubakar Rakhangi & Anr ...Respondents ..... Shri. S.M. Vidyarthi, counsel for the Appellants Shri. Ashwin Shetye h/f S.B. Shetye, counsel for Respondents. ..... CORAM: CORAM: CORAM: DR. S. RADHAKRISHNAN AND DR. S. RADHAKRISHNAN AND DR. S. RADHAKRISHNAN AND SMT. V.K. TAHILRAMANI, JJ. SMT. V.K. TAHILRAMANI, JJ. SMT. V.K. TAHILRAMANI, JJ. DATED: 16TH DECEMBER, 2005 DATED: 16TH DECEMBER, 2005 DATED: 16TH DECEMBER, 2005 P.C.:- P.C.:- P.C.:- . Heard the learned counsel for the Appellants and the learned counsel for Respondents. Appeal is admitted. The learned counsel for Respondents waives service. Hearing expedited. Printing dispensed with. *****