1 ca237-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO. 237 OF 2011 IN FIRST APPEAL NO. 739 OF 2010 Aba Hariba Chavan .. Applicant (Org. Appellant) V/s. Satyanarayan Panalal Mandhane .. Respondents & Ors. (Org. Respondents) .... Mr. N. J. Patil for the Applicant. Mr. Tejpal S. Ingale for Respondent Nos. 1 and 2. .... CORAM : A. S. OKA, J. DATE : JANUARY 21, 2011. P.C. Not on board. Mentioned, taken on board. 2. Heard the learned counsel appearing for parties. The learned counsel appearing for the applicant on instruction of the applicant who is personally present in the Court states that the applicant does not desire to prosecute the Special Leave Petition filed in the Apex Court against the order dated 6th July, 2010 passed by this Court in Civil Application No.1265 of 2010. 2 ca237-11 The applicant undertakes through his advocate that the Special Leave Petition will be unconditionally withdrawn. 3. The only relief which can be considered is of grant of extension of time to deposit the amount as directed by this Court by order dated 6th July, 2010. Stay was granted subject to deposit of the amount as directed by clause (2) of the order dated 6th July, 2010. 4. By clause (2) of the said order, time of six weeks were granted to the applicant to deposit the amount as specified therein. Only by way of indulgence and as a last chance, the time deserves to be extended by a period of six weeks from today. 5. Hence, the Civil Application is disposed of by passing following order : :: O R D E R :: i. The undertaking recorded above of the applicant is accepted. In view of the undertaking, time granted to the applicant by clause (2) of order 3 ca237-11 dated 6th July, 2010 to deposit the amount specified therein is extended by a period of six weeks from today as a last chance. It is made clear that, no further extension will be granted. If the applicant deposits the amount stipulated in clause (2) of the said order within the extended time, clause (3) of the said order dated 6th July, 2010 will operate. If the amount is not deposited within the extended time, it is obvious that the application for stay shall stand dismissed. ii. The order dated 6th July, 2010, is modified by permitting the applicant to deposit the amount with the trial Court. It is obvious that if the amount is deposited with the trial Court, the said Court will permit withdrawal in terms of clause (4) of the said order. iii. The trial Court will act upon an authenticated copy of this order. JUDGE