IN THE HIGH COURT OF BOMBAY AT GOA STAMP NUMBER (APPLN.) NO. 2442 OF 2009 IN STAMP NUMBER MAIN NO. 2441 OF 2009 DHARMU RAJU DESSAI ... Appellant Versus TIMBLO MINERAL PRIVATE LIMITED THROUGH DIRECTOR ARVIND M. HODARKAR ... Respondent Mr. P. A. Kamat, Advocate for the Appellant. Mr. M. S. Sonak, Advocate for the Respondent. Coram:- U. D. SALVI, J. Date:- 28th January, 2010 P.C. Heard. 2. The appellant Mr. Dharmu Raju Dessai who had obtained ex-parte stay order staying the impugned order dated 14.1.2009 in Stamp Number Main 2441/2009, proposes to withdraw this application for stay. 3. Learned Advocate Mr. Kamat for the appellant submits that ad-interim stay of the impugned order was granted on the condition that the appellant would be furnishing sworn undertaking to maintain the truck in question in road worthy condition and to keep it insured; and the appellant, who is driver by profession, is not in a position to furnish such undertaking and therefore, proposes to withdraw this stay application. 4. Withdrawal of the said application is not resisted but, exemplary costs are claimed by the respondent Company who claims to have given the truck in question to the appellant under Hire Purchase agreement. 5. Learned Advocate Mr. Sonak for the respondent submits that the appellant while seeking ad-interim stay had made a statement on oath that he had no other source of income except driving the said truck and his family is dependent on his income. If that was so, he argued, the truck ought to have been kept in road worthy condition and now it is not open for the applicant to move application for modification of the order on the premise that for want of registration book and insurance documents the truck could not be kept in road worthy condition and run on the road under insurance cover, and to sit tight with the stay order in his favour so long. 6. The difficulties if any in keeping the vehicle in road worthy condition could have been well conceived by the applicant at the time of seeking ad-interim stay and yet the applicant sought the ad-interim stay and forestalled surrendering of the truck in question to the respondent since August 2009. 7. Considering these facts and circumstances, the appellant is permitted to withdraw the application for stay. The appellant shall pay to the respondent Company cost of Rs. 10,000/-. 8. Stamp Number 2442/2009 stands disposed of accordingly. 9. Stay stands vacated. 10. M.C.A. 1017/2009 for Vacating the stay stands disposed off as the grievances no longer survive. 11. M.C.A. 2788/2009 for modification of the ad-interim stay order dated 13.8.2009 similarly stands disposed of. U. D. SALVI, J. MF/-