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 JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4521 OF 2004 CIVIL APPLICATION NO.4521 OF 2004 CIVIL APPLICATION NO.4521 OF 2004 IN IN IN FIRST APPEAL NO.1344 OF 2005 FIRST APPEAL NO.1344 OF 2005 FIRST APPEAL NO.1344 OF 2005 Union of India ...Applicant Vs. Om Prakash Jalan ...Respondent WITH WITH WITH CIVIL APPLICATION NO.4523 OF 2004 CIVIL APPLICATION NO.4523 OF 2004 CIVIL APPLICATION NO.4523 OF 2004 IN IN IN FIRST APPEAL NO.1345 OF 2005 FIRST APPEAL NO.1345 OF 2005 FIRST APPEAL NO.1345 OF 2005 Union of India ...Applicant Vs. Sanjay Jalan ...Respondent ----- Mr.R.V.Desai with Mr. Y.R. Mishra & Mr.Y.S. Bhate for Applicants Mr. A.P.Mundargi i/b.M/s.A.V.Jain & Associates for Respondents. CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATED: 20TH SEPTEMBER, 2005 DATED: 20TH SEPTEMBER, 2005 DATED: 20TH SEPTEMBER, 2005 P.C. P.C. P.C. 1. Civil Applications seeks stay on the impugned 1. Civil Applications seeks stay on the impugned 1. Civil Applications seeks stay on the impugned order. The impugned order directs the refund of the order. The impugned order directs the refund of the order. The impugned order directs the refund of the amounts which has been confiscated. In both these amounts which has been confiscated. In both these amounts which has been confiscated. In both these Applications the Respondents would be entitled to Applications the Respondents would be entitled to Applications the Respondents would be entitled to withdraw the amounts provided they give appropriate withdraw the amounts provided they give appropriate withdraw the amounts provided they give appropriate security. security. security. 2. The Applicants will deposit the amounts within 2. The Applicants will deposit the amounts within 2. The Applicants will deposit the amounts within 4 weeks hereafter and the Respondents will be at 4 weeks hereafter and the Respondents will be at 4 weeks hereafter and the Respondents will be at liberty to withdraw them by giving a Bank Guarantee of liberty to withdraw them by giving a Bank Guarantee of liberty to withdraw them by giving a Bank Guarantee of any Nationalised Bank to the satisfaction of the any Nationalised Bank to the satisfaction of the any Nationalised Bank to the satisfaction of the 2 Registrar General which will have to be kept alive Registrar General which will have to be kept alive Registrar General which will have to be kept alive till both the Appeals are heard and disposed of. till both the Appeals are heard and disposed of. till both the Appeals are heard and disposed of. . Civil Applications disposed of. . Civil Applications disposed of. . Civil Applications disposed of. (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)