IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Appeal (Ld) No. 774 of 2003 in Notice of Motion No. 2827 of 2002 in Suit No. 3322 of 2002 with Notice of Motion No.3349 of 2003 Rajendra Devidas Shah ..Appellant vs. Bank of Maharashtra ..Respondent None for appellant None for respondent. CORAM: A.P.SHAH AND CORAM: A.P.SHAH AND CORAM: A.P.SHAH AND S.J.VAZIFDAR JJ S.J.VAZIFDAR JJ S.J.VAZIFDAR JJ 10th January,2005 10th January,2005 10th January,2005 P.C. P.C. P.C. 1. Appellant and his Advocate are absent. 2. The appeal is directed against an ad-interim order passed in a bank’s suit. The appellant failed to appear before the learned single Judge inspite of service. By ad-interim order the learned single Judge has permitted the appellant to use the mortgaged assets on payment of instalment of Rs.25,000/- p.m. We do not see any reason to interfere with this interlocutory order at this ‘ stage. 3. Appeal is dismissed. 4. In view of dismissal of the appeal Notice of Motion does not survive and hence rejected.