1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPLICATION NO.59/2009 IN CRIMINAL REVISION APPLICATION NO.424/2008 Kotak Chemicals Ltd.. V/s The State of Maharashtra and others. ............. Mr.Kapil Dave, Advocate for the Applicant. Mr.Y.M.Nakhwa, APP for the State. Mr.B.M.Shaikh, Advocate for the Respondent No.2. ............. CORAM : A.S.OKA, J. Dated :- 06th May, 2009 PC :- 1 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for the second Respondent. My attention has been invited to the order dated 20.10.2008 passed in Criminal Revision Application No.424/2008. It is not in dispute that the second Respondent has not complied with the terms of payment incorporated in the consent terms filed in the criminal revision application. Clause-4 of the said order dated 20.10.2008 makes it clear that if the amounts are not paid by the second Respondent as per the payment schedule incorporated in the consent terms, the said order shall stand automatically vacated and the revision shall be revived. 2 On 16.04.2009 when this application appeared on the board, only by way of indulgence, time was granted to the second Respondent till today on the statement made by the learned counsel for the second Respondent that he will pay a sum of Rs.23,000/- to the Applicant within a period of one week. 3 The learned counsel appearing for the second Respondent stated that the second Respondent has forwarded a Demand Draft in the sum of Rs.20,000/- to the Applicant. Thus, the second Respondent has not complied with the statement made on 2 16.04.2009. 4 In view of the clause-4 of the order dated 20.10.2008, the revision application stands revived. Accordingly, the application is allowed in terms of prayer clause (a). The revision application shall be placed for admission on 30th June, 2009. 5 If the second Respondent fails to deposit a sum of Rs.1,13,000/- on or before 07th June, 2009, it will be open for the Applicant to apply to this Court for taking the second Respondent into custody. JUDGE kps