IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 513 OF 2008 APPLICATION NO. 513 OF 2008 APPLICATION NO. 513 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.2689 OF 2007 APPEAL NO.2689 OF 2007 APPEAL NO.2689 OF 2007 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders Mr.I.R.Kulkarni Mr.I.R.Kulkarni Mr.I.R.Kulkarni for Applicant for Applicant for Applicant Coram: Coram: Coram: A.S.Oka,J A.S.Oka,J A.S.Oka,J Date: Date: Date: 31st January, 2008 31st January, 2008 31st January, 2008 1. 1. 1. Prayer made in this Prayer made in this Prayer made in this application application application is for recall of is for recall of is for recall of order order order dated 29th November, 2007. dated 29th November, 2007. dated 29th November, 2007. 2. 2. 2. I have perused the order I have perused the order I have perused the order dated dated dated 29th November, 2007. The 29th November, 2007. The 29th November, 2007. The said said said order shows that the order shows that the order shows that the applicant applicant applicant has withdrawn the First has withdrawn the First has withdrawn the First Appeal Appeal Appeal with liberty to apply to with liberty to apply to with liberty to apply to the the the tribunal for seeking tribunal for seeking tribunal for seeking necessary necessary necessary clarification as clarification as clarification as regards regards regards the statement which is the statement which is the statement which is referred referred referred to in the said order to in the said order to in the said order and/or and/or and/or to apply for recall the to apply for recall the to apply for recall the order order order dated 4th August, 2007. dated 4th August, 2007. dated 4th August, 2007. Appeal Appeal Appeal was permitted to be was permitted to be was permitted to be withdrawn withdrawn withdrawn with liberty as prayed. with liberty as prayed. with liberty as prayed. Admittedly, Admittedly, Admittedly, the applicant has not the applicant has not the applicant has not availed availed availed of the liberty granted by of the liberty granted by of the liberty granted by order order order dated 29th November, 2007. dated 29th November, 2007. dated 29th November, 2007. Therefore, Therefore, Therefore, present application present application present application is is is misconceived. Same is misconceived. Same is misconceived. Same is accordingly accordingly accordingly rejected. rejected. rejected. ( A.S.Oka, J ) A.S.Oka, J ) A.S.Oka, J )