:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER (STAMP) NO.7697 OF 2008 APPEAL FROM ORDER (STAMP) NO.7697 OF 2008 APPEAL FROM ORDER (STAMP) NO.7697 OF 2008 WITH WITH WITH CIVIL APPLICATION (STAMP) NO.7698 OF 2008 CIVIL APPLICATION (STAMP) NO.7698 OF 2008 CIVIL APPLICATION (STAMP) NO.7698 OF 2008 Poonawalla Financials Private Ltd. & Anr....Appellants. v. Eagle Seals and Systems India Limited & Ors. ...Respondents. Mr.Virag Tulzapurkar, Sr. Advocate with Mr.Rahul Chitnis i/by Amarchand & Mangaldas & Suresh A. Shroff & Company for the Appellants. Mr.T.N.Subramaniam with Mr.Avinash Modi and Mr.Devesh Junekar i/by Mahernosh Humranwalla , advs. for the Respondents. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 26th March, 2008. DATE: 26th March, 2008. DATE: 26th March, 2008. P.C. P.C. P.C. 1. The appeal and the civil application both be registered. After some discussion at the bar with consent of the learned counsel for both the parties, the appeal stands disposed off with the following directions: i. The bank/respondent no.2 Axis Bank shall deposit the bank draft or the cheque towards the payment of the bank guarantee with the trial Court and the said bank draft or the cheque shall remain in custody of the trial Court till 29th March, 2008 or till the decision of the trial Court on application Exhibit 5, which is already :2: heard and fixed for final order. The bank draft or the cheque so deposited shall be subject to the result of the application, Exhibit 5. 2. As the appeal itself is disposed off, civil application does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)