1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1947 OF 2009 In FIRST APPEAL NO.172 OF 1998 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri J.A. Udaipuri for the Applicant. Shri N.J. Patil i/by N.P. Shukla & D.S. Mishra for the Respondents. CORAM : A.S.OKA, J. DATE : 28TH FEBRUARY, 2011 P.C.: . Learned counsel appearing for the Applicant has invited the attention of the Court to the prayers made in the application. The prayer in the application is for vacating the order of interim relief granted in the Appeal. This is an application made by the Respondents in the Appeal. The First Appeal was dismissed for non- prosecution, as a result of which, interim relief granted in the appeal stood vacated. By an order dated 16th September, 2008 passed by this Court in Civil Application Nos. 1460 of 2004 and 1461 of 2004, the First Appeal 2 was restored and even the interim relief granted in the First Appeal was restored. It is not in dispute that the order dated 16th September, 2008 was challenged by the Applicant by filing a Special Leave Petition before the Apex Court. A copy of the order of the Apex Court dated 5th January, 2009 is placed on record. The said copy of the order shows that what was challenged before the Apex Court was the order dated 16th September, 2008 passed in Civil Application Nos. 1460 of 2004 and 1461 of 2004. The Apex Court has declined to interfere with the order dated 16th September, 2008. This Civil Application has been filed few days after the order of the Apex Court. 2. The result of the order of the Apex Court is that the order dated 16th September, 2008 passed by this Court restoring the interim relief granted in the First Appeal has been confirmed. In view of the said order, now, the prayer for vacating the interim relief cannot be entertained. Accordingly, the civil application is rejected. (A.S.OKA, J)