=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.712 NO.712 NO.712 OF 2000 OF 2000 OF 2000 IN IN IN WRIT WRIT WRIT PETITION PETITION PETITION NO.495 OF 2000 NO.495 OF 2000 NO.495 OF 2000 Municipal Corporation of Greater Bombay and others ...Appellants v/s M/s Nikita Construction Co. and ors. ...Respondents Mr A.Y. Sakhare for Appellants. None for Respondents. CORAM CORAM CORAM : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. DATE DATE DATE : 20TH JANUARY 2009 20TH JANUARY 2009 20TH JANUARY 2009 =2= P.C. :- 1. By this appeal, the appellants challenge the order passed by the learned Single Judge of this Court dated 28th February 2000 in writ petition No.495 of 2000. By that order, the learned Single Judge has remitted the proceedings back, but that remand was subject to the condition that the original petitioners who are respondents in this appeal deposit Rs.3,00,000/- within two weeks from the date of the order. The learned counsel appearing for appellants has stated before us that the respondents did not deposit the amount within the period allowed by this Court. If that is so, order remanding proceedings back will not take effect. In our opinion therefore, this appeal cannot now be decided. Appeal is disposed off. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( A.A. SAYED J.)