1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1146 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 1146 OF 2011 *** 1. In Miscellaneous Civil Appeal under order XLIII Rule 1 (r) C.P.Code, the Appellate Court has stayed the orders/ directions issued by trial Court under Order XXXIX Rule 1 and 2 C.P.Code. That order is questioned before this Court. Advocate Mr. Kale contends that if tractor is not delivered to the Petitioner, the machinery will rust and will be useless to everybody. He relies upon circular of Reserve Bank of India to urge that when monthly charging of interest/ compounding thereof is expressly prohibited, the Respondent/ bank has worked out outstanding amount by calculating interest every months. 2. I am not inclined to go into the controversy at this stage. Miscellaneous Civil Appeal, filed by Respondent/ Bank is still pending. Trial Court has by mandatory 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1146 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. injunction directed it to deliver tractor in favour of petitioner. If the tractor is so delivered, the challenge in appeal will be rendered infructuous. In this situation, proceedings in Miscellaneous Civil Appeal No. 18 of 2010 are expedited and the Court of District Judge-1, Kopargaon is directed to decide the same at the earliest and in any case by 30th April, 2011. 3. With these directions, writ petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:23/02/2011. ans/1146