IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CIVIL CIVIL CIVIL APPLICATION NO. 5468 OF 2007 APPLICATION NO. 5468 OF 2007 APPLICATION NO. 5468 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO. 2503 OF 2007. APPEAL NO. 2503 OF 2007. APPEAL NO. 2503 OF 2007. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri S.C.Naidu i/by M/s.C.R.Naidu & Co. for the Applicant. Shri P.M.Palshikar for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 28th November, 2007. : 28th November, 2007. : 28th November, 2007. P.C.: P.C.: P.C.: 1. Rule. The Respondent waives service. The Applicant has deposited the requisite amount in terms of the order dated 30th October 2007. It will be open for the 1st Respondent to withdraw the said amount. It is obvious that the withdrawal of the said amount will be subject to the final outcome of the Appeal. 2. Considering the facts and circumstances of the case, prayers (a) and (b) cannot be granted. However, prayer (c) will have to be granted in view of the deposit of the amount. Hence the Civil Application is disposed of by passing the following order: 3. Prayers (a) and (b) are rejected. However, there will be interim relief in terms of prayer clause (c). : 2 : Judge. Judge. Judge.