-1- 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 FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.5084 OF 2006 APPLICATION NO.5084 OF 2006 APPLICATION NO.5084 OF 2006 IN IN IN FIRST FIRST FIRST APPEAL NO.50 OF 2001 APPEAL NO.50 OF 2001 APPEAL NO.50 OF 2001 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.Vineet B. Naik with mr.Bhushan Walimbe for the Applicant Mr.Nitin Mulye i/b Mr.G.S.Godbole for Respondent Nos.1 to 4. Ms S.M.Dandekar for Respondent Nos.5A(a) to 5A(d), 5B(a) to 5B(d), 5(C), 5(D), 5E(a), 5(E)(b), 5(E)(d). CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 2,2007. : FEBRUARY 2,2007. : FEBRUARY 2,2007. P.C.: P.C.: P.C.: 1. Rule. Advocates for the Respondents waive service. The consent minutes of order duly signed by the parties and their respective Advocates is taken on record and marked ‘X’ for identification. Undertakings recorded in the consent minutes of order are accepted. Undertaking of one Sunil Rawlani, Director of Shree Ahuja Properties Pvt.Ltd.,Santacruz, Mumbai is taken on record and marked ‘Y’ for identification. -2- Undertaking is accepted. 2. Civil Application is disposed of in terms of minutes of order. 3. A sum of Rs.5,95,000/- which is to be deposited by the Applicant in this Court will be invested in fixed deposit in any nationalised bank initially for a period of three years and the fixed deposit shall be renewed thereafter on yearly basis till the final disposal of the Appeal. 4. An appropriate order for disbursement of the said amount and interest accrued thereon will be passed at the time of final hearing of the Appeal. 5. Parties to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE