1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Civil Application No.192 of 2009 In First Appeal No.590 of 2005 (Vinodkumarsingh s/o Jarajsing Thakur v. The State of Maharashtra and another) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.V. Manohar, Advocate for Applicant. Shri O.D. Kakde, AGP for Non-Applicant No.1. Shri M.P. Badar, Special Counsel for Non-Applicant No.2. CORAM : R.C. Chavan, J. DATE : 6th March, 2009 1. On 25-11-2005 when the appeal came up for final hearing for the first time, considering the small scope of controversy, it was felt that the appeal itself should be disposed of at the stage of admission instead of allowing it to pend after admitting it. In view of this, interim orders on Civil Application No.7006 of 2005 were not passed, particularly since the learned counsel for the original defendants stated that the Forest Department would inform the Court before initiating the process of recovery, which was sought to be restrained by filing suit. 2. Now by Civil Application No.192 of 2009, the non- applicants/original defendants have informed that they propose to initiate steps for recovery. Both the learned counsel state that the matter could be finally heard. They further state 2 that they would jointly move the Bench hearing the First Appeals and have the matter finally heard. 3. There is no question of staying the recovery proceedings, which are sought to be started by the State, since the applicant had failed to secure injunction in his favour. In case any recovery is effected by the non-applicants, that would be subject to the decision of the appeal and in case the applicant succeeds, the non-applicants will be liable to repay the amount to the applicant with interest at the rate at which the State Bank of India accepts fixed deposits. 4. The application is disposed of. JUDGE pdl