1 44 caf.1564.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1564 OF 2011 IN FIRST APPEAL NO. 1601 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms. Ashwini A. Takalkar i/b Mr. Nitin P. Deshpande for the Applicant. None for the Respondent No.1. CORAM : A.S.OKA, J. DATE : 06 th June, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant. She states that the Advocate on record for the Applicant has obtained no objection from M/s. J & Company. None appears for Respondent No.1. 2 Civil Application No.4199 of 2009 was disposed of by this Court by the order dated 23 rd December, 2010 by recording statement of the learned counsel appearing for Respondent No.1 that the entire compensation amount has been already deposited. In view of the said statement, by order dated 23 rd December, 2010, this Court granted ad- interim stay. 2 44 caf.1564.11 3 In paragraph No.3 of this civil application, there is an statement on oath made by the Applicant that infact, compensation amount was not deposited by Respondent No.1. There is no reply filed to this application. Hence, the statement made in paragraph No.3 of this application will have to be accepted. Therefore, ad-interim stay will have to be vacated, but the drastic prayer of dismissing the appeal cannot be granted. Hence, the application is allowed in terms of prayer clause (a). Prayer clause (b) is rejected. [ A.S.OKA, J ]