1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.50 OF 2007 IN NOTICE OF MOTION NO.386 OF 2006 IN WRIT PETITION NO. 577 OF 2006 Tahkandas Bulchand Chandka .. Petitioner Vs. State Bank of India .. Respondents Mr.V.S.Kapse for the petitioner Ms.H.A.Mody for the respondents CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED : 15TH JULY, 2008 DATED : 15TH JULY, 2008 DATED : 15TH JULY, 2008 P.C.: 1. Our attention is drawn to the order passed by this court on 23.3.06 wherein this court had already granted extension of time to deposit the amount by quantifying it to Rs.15.0 lakhs after taking into consideration the earlier deposit for a sum of Rs.10,13,102.78 is with the Court Receiver, pending the order of the D.R.A.T. 2 2. Therefore, in the given facts and circumstances, this court does not want to further interfere in the matter by showing any indulgence to the petitioner. The order dated 23.03.2006 is self operative as it records, on failure to deposit, the appeal to stand dismissed and we are informed that D.R.A.T. has already dismissed the appeal for nonfulfillment of the precondition. 3. The petitioner can very well claim set of before the D.R.A.T. in respect of any amount lying with the Court Receiver or the Respondent bank and in the litigation pending before the D.R.A.T.. 4. Nothing survives in the Writ Petition. Petition to stand dismissed accordingly.In view thereof, Notice of Motions No.50 of 2007 and 386 of 2006 do not survive. The same are dismissed accordingly. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) 3 ( K.U. CHANDIWAL, J ) ( K.U. CHANDIWAL, J ) ( K.U. CHANDIWAL, J )