:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLCIATION NO. 1594 OF 2008 APPLCIATION NO. 1594 OF 2008 APPLCIATION NO. 1594 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO. 2276 OF 2008 PETITION NO. 2276 OF 2008 PETITION NO. 2276 OF 2008 Miss. Parineta Chaudhari & Ors. ..Petitioners (Orig.Applicants) V/s Mohammed Hussain A. Furniturewalla ..Respondent (Orig. Opponent) Mr. Mubin Solkar for the applicants Mr.G.S.Godbole i/b Mr. A.M. Kulkarni for repsondent CORAM CORAM CORAM : : : A.A. SAYED, J. A.A. SAYED, J. A.A. SAYED, J. DATE DATE DATE : 7TH AUGUST, 2008 : 7TH AUGUST, 2008 : 7TH AUGUST, 2008 P.C. 1. The learned Counsel Mr. Mubin Solkar states that Senior Counsel Mr. Choudhari was unable to come to Mumbai today to argue the matter as he was required to go to Gwalior for some other Court matter. Learned Counsel for respondent states that the matter was adjourned twice and dates as per convenience of the learned Sr. Counsel was given by the Court. The learned Counsel for the petitioners states that he is ready to argue the matter. The Civil Application is accordingly heard. :2: 2. This Civil Application is taken out for the following reliefs:- "(a) To recall the order dated 20.6.2008 passed by this Hon’ble Court in Civil Application No. 1398/2008 in Writ Petition No. 2276/2008 in so far as it relates to the recording of the Petitioners’ or their Counsel’s consent/agreement in so far as it relates to the question of pre-deposit as a pre-condition for hearing the Petition on the question of admission. (b) To hear the said Writ Petition for admission or pass an appropriate order on the question of the correctness/justification of the directions of this Court directing the petitioners to pre-deposit a fixed sum as a condition precedent for hearing the Petition on the question of admission. (c) to grant such other reliefs as this Hon’ble Court may deem fit and proper." 3. The Civil Application can be disposed of by observing that ’pre-condition’ recorded in para 2 of the order dated 20-06-2008 will not be treated as having been agreed to. Rest of the order dated 20-06-2008 to stand. It may be mentioned that the time within which the amount was to be deposited was also agreed to by the petitioners. 4. In so far as the prayer clause (b) of the :3: Civil Application is concerned, the Writ Petition will have to be heard for admission by regular Court and since the order of deposit was by consent no further orders are necessary. 5. With the above observations the Civil Application stands disposed of. 6. The learned Counsel for the applicant seeks stay of this order. In my view, there is no question of grant of any stay of this order, looking to the nature of reliefs sought. Hence stay is refused. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)