: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.958 OF 2008 WITH CIVIL APPLICATION NO.1159 OF 2008 IN NOTICE OF MOTION NO.1604 OF 2006 IN S.C.SUIT NO.5208 OF 2001 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.S.L. Prabhu for the Appellant. Mr.Santosh Jagtap for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 16TH OCTOBER, 2008. P.C. : 1. No fault can be found with the impugned order. The Respondent/Defendant had deposited the amount which in view of the dismissal of the Appellant’s suit has been ordered to be refunded to the Respondent. I am informed that a First Appeal has been filed in this Court by the Appellant and the same is admitted and pending. Any application to restrain the : 2 : Respondent from withdrawing the amount must be made in the said First Appeal. 2. In the circumstances, the Appeal from Order is dismissed. However, the amounts shall not be paid to the Respondent upto and inclusive of 17.11.2008. The Civil Application is also dismissed.