IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.6495 of 2000 APPLICATION NO.6495 of 2000 APPLICATION NO.6495 of 2000 in in in FIRST FIRST FIRST APPEAL NO.825 OF 2000 APPEAL NO.825 OF 2000 APPEAL NO.825 OF 2000 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders ................................................... ................................................... ................................................... Mr.S.P.Manchekar Mr.S.P.Manchekar Mr.S.P.Manchekar AGP for AGP for AGP for Applicant. Applicant. Applicant. Mr.Haridas Mr.Haridas Mr.Haridas h/f Mr.Joshi for h/f Mr.Joshi for h/f Mr.Joshi for Respondent. Respondent. Respondent. Coram: Coram: Coram: A.S.Oka, J A.S.Oka, J A.S.Oka, J Date: Date: Date: 25th 25th 25th January, 2008 January, 2008 January, 2008 1. 1. 1. Heard AGP for the applicant Heard AGP for the applicant Heard AGP for the applicant and and and advocate for the respondent. advocate for the respondent. advocate for the respondent. 2. 2. 2. Office noting shows that the Office noting shows that the Office noting shows that the amount amount amount has not been deposited in has not been deposited in has not been deposited in terms terms terms of ad interim order dated of ad interim order dated of ad interim order dated 25th 25th 25th September, 2000. By further September, 2000. By further September, 2000. By further order order order dated 10th January, 2003 dated 10th January, 2003 dated 10th January, 2003 time time time granted by the earlier ad granted by the earlier ad granted by the earlier ad interim interim interim order to deposit the order to deposit the order to deposit the amount amount amount was extended. Even within was extended. Even within was extended. Even within the the the time extended by this Court, time extended by this Court, time extended by this Court, the the the amount has not been deposited. amount has not been deposited. amount has not been deposited. Hence, Hence, Hence, no case is made out for no case is made out for no case is made out for grant grant grant of stay. Application is of stay. Application is of stay. Application is rejected. rejected. rejected. It is made clear that It is made clear that It is made clear that withdrawal withdrawal withdrawal of the compensation of the compensation of the compensation amount amount amount by the original claimant by the original claimant by the original claimant will will will be subject to final outcome be subject to final outcome be subject to final outcome of of of the appeal. the appeal. the appeal. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J)