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 APPELLATE APPELLATE APPELLATE CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION APPLICATION APPLICATION NO. NO. NO. 257 OF 2006 257 OF 2006 257 OF 2006 IN IN IN CRIMINAL CRIMINAL CRIMINAL WRIT WRIT WRIT PETITION NO.2414 OF 2005 PETITION NO.2414 OF 2005 PETITION NO.2414 OF 2005 Indur Kartar Chhugani ... Petitioner versus The State of Maharashtra & ors .. Respondents Mr.Naveen Chomal, Advocate for Petitioner Ms.U.K.Srivastava,Advocate for Respondent nos.10 to 16 Mr.Pankaj Vijayan for Respondent no. 5 CORAM CORAM CORAM : : : J.N.PATEL AND J.N.PATEL AND J.N.PATEL AND SMT.ROSHAN SMT.ROSHAN SMT.ROSHAN DALVI, JJ DALVI, JJ DALVI, JJ DATED DATED DATED : : : 21st August, 2006 21st August, 2006 21st August, 2006 ORAL ORAL ORAL ORDER : ORDER : ORDER : 1. While the petition has been restored, learned counsel have made rival contentions i.e. the 2 petitioner claims that he has paid the amount in discharge of the terms of the bid to the bank concerned, whereas learned counsel for the Punjab National Bank submits that the petitioner has sent demand drafts with condition on its appropriation, and therefore the bank has returned the demand drafts to the petitioner which the counsel for the petitioner denies. It is better that learned counsel appearing for the petitioner as well as the learned counsel appearing for the bank file their respective affidavits of their clients to clarify the position so that this Court can pass further interim orders. 2. Petition is listed after two weeks in order matters. (Smt (Smt (Smt Roshan Dalvi,J) Roshan Dalvi,J) Roshan Dalvi,J) (J.N.Patel, (J.N.Patel, (J.N.Patel, J) J) J)