1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 6180 OF 2008 IN FIRST APPEAL St. NO. 9362 OF 2005 Ramakant Ramchandra Kajbaje ........Applicant versus Libord Securities ltd. & ors........ Respondents. Mr. S.V. Sadavarte adv. for the Applicant Mr. H.V. Chande adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 5th FEBRUARY, 2009. P.C.: 1. The First Appeal St. No. 9362/05 has been filed on the Appellate Side wherein an order dated 14-3-2005 passed by the Commissioner for taking accounts is challenged. The said appeal came to be dismissed for non prosecution on account of default on the part of the appellant. Hence present civil application No.6180/08 has been moved with a view to have the appeal restored. At the time of the hearing of the application the learned counsel for the respondent had raised an objection pointing out that no appeal lies on the Appellate Side calling in question the legality and validity of the impugned order. The learned counsel for the appellant had then taken time to examine as to whether the proceedings would lie on the Appellat Side or the proceedings need to be taken up on the Original Side. After 2 examining the legal position the learned counsel for the appellant seeks permission to withdraw the civil application with liberty to take up proceedings on the Oiginal Side as are permitted under the rules. He only seeks protection for a period for four weeks. The learned counsel for the respondent has no objection to continue the ad-interim order. In the result, the applicant/appellant is permitted to withdraw the C.A.No.6180/08 with liberty to file appropriate proceedings on the Original Side under the rules. The order impugned in the first appeal shall not be executed for a period of four weeks from today. The application stands disposed of as withdrawn. (A. P. DESHPANDE, J.)