IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.F. NO.2491 OF 2010 IN FIRST APPEAL NO.496 OF 2007. (NARESH J. MUNOT...VS.. SMT. BABYBAI VILASRAO DESHMUKH & OTH.) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. D.N. Kukday, Advocate for applicant. Mr. Sonwane h/f. Mr. Bharatkumar Vora, Advocate for Respondents. CORAM : SMT. VASANTI A. NAIK, J. DATED : OCTOBER 05, 2010. Heard the learned counsel for the parties. The only ground which arises for consideration in this first appeal is about non-affording of an opportunity to the appellant to show cause as to why the penalty should not be imposed on him. The issue involved in this first appeal is a short one and it would not be necessary to file the private paper book in the appeal for deciding the aforesaid issue as it would not be necessary to consider the pleadings of the parties and the evidence tendered by the parties in this case. The prayer made in this civil application is, therefore, granted. The Civil Application is allowed and disposed of. C.A.F.NO. 1677/2010. Heard the learned counsel for the parties. By the order dated 4th October, 2007 the application filed by the applicant for withdrawal of the amount was rejected. This Court had directed that the amount deposited by by the non-applicant in this Court should be placed in a fixed deposit account of a nationalized bank during the pendency of the first appeal. Thereafter the application was filed by the applicant for modification of the order dated 04.10.2007. After hearing the parties at length the civil application for modification was also dismissed. In view of the aforesaid orders the filing of this application is nothing but an abuse of the process of the Court. The civil application for withdrawal of the amount is, therefore, dismissed. JUDGE RR.