IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR C.A.S. 848/2010 IN S.A. 377/2008 BANK OF INDIA ..VS.. PANDURANG JANBAJI WAGH Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 22 /11 / 2010 Heard Shri Dhoble the learned counsel for the applicant and Shri Khare, the learned counsel for the non applicant. After hearing the learned counsel for the parties and after perusal of the judgments passed by the trial and the first appellate court, it appears that it would be necessary in the interest of justice to reject the prayers made in this civil application as the second appeal is admitted on substantial question of law and the question of tenability of civil suit instituted by the applicant is raised by the non applicant in this appeal. It further appears that by an order dated 15.7.2009, this court had directed the Registry to invest the amount of Rs.1,00,000/- deposited by the non applicant in this court in a nationalized bank. It is necessary to note that the applicant has already received damages to the tune of Rs.5000/- per year for about four years. In the facts and circumstances of the case the prayer made in this civil application is rejected. The civil application is disposed of. JUDGE SMP.