1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 40. AO/108/2009 With CA/8888/2009 In AO/108/2009 (Jai Tuljabhavani Urban Coop. Bank Ltd vs. Arun s/o Chandrao Deshmukh) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. M.B.Kolpe, Adv., for the appellant. Mr. S.D.Kulkarni, Adv., for respondent no.1. Mr. V.B.Deshmukh, Adv., for respondent no. 5. Respondent nos. 2 and 3 served. ... CORAM: K.U.CHANDIWAL, J. DATE:12/1/2010 P.C.:- 1. Heard both the Counsel. 2. The order granting injunction below Exh.5 dt.31.7.2009 in Special Civil Suit No.19/2009 by the learned Judge is subject of criticism by the Cooperative Bank. 3. At this stage, without adverting to the merits of entertaining the application below 2 Exh. 5, clamping injunction for recovering the amount advanced by the Bank, the fact remains that there is Civil Revision Application No.47/2009 in which by order dt.11.6.2009, there operates an ad interim relief in terms of prayer clause F of the said Civil Revision Application. In the light of such ad interim relief, obviously, no proceedings could have been initiated by the learned Judge, including entertaining application below Exh.5. In the light of this situation, the mistake occasioned and carried by the learned Judge in hearing and allowing Exh.5 by his order dt. 31.7.2009 is obviously contrary to granting of ad interim relief in Civil Revision Application No. 47/2009. Such order, therefore, below Exh.5 needs to be corrected. It is set aside. 4. Both the Counsel submit that ad interim relief in Civil Revision Application No.47/2009 still operates and the Civil Revision Application is admitted. 3 The Appeal From Order and Civil Application allowed in above terms. 5. Mr. M.B.Kolpe makes a statement that the Bank shall not proceed with the recovery/execution against the respondent/original plaintiff till 30 days from today and, in the meantime, Civil Revision Application No.47/2009 shall be heard finally. 6. By consent, the Civil Revision Application No.47/2009 to be heard with Civil Revision Application No.181/2009 finally, on 4th Feb., 2010. (K.U.CHANDIWAL) JUDGE ... agp/108-09ao