-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.5127 OF 2004 APPLICATION NO.5127 OF 2004 APPLICATION NO.5127 OF 2004 Gautam R.Morarka ...Applicant vs. 1. State of Maharashtra 2.M/s.Lloyds Finance 3.The India Sugars and Refineries Ltd. 4.Rajendraprasad R. Morarka ...Respondents Mr.P.D.Desai for the Applicant Ms M.M.Deshmukh A.P.P. for State Mr.Santosh Pawar i/b Mr.Girin N. Pandit for R.No.2. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : DECEMBER 4,2006. : DECEMBER 4,2006. : DECEMBER 4,2006. P.C.: P.C.: P.C.: 1. In view of the decision of this Court in case of V.K.Jain and others vs. Pratap Padode and another [2005 (3) Mh.L.J. page 778], the learned Advocate for the Applicant seeks permission to withdraw this Application with liberty to file a Revision Application before the appropriate Sessions Court. He submits that ad-interim relief which was granted earlier may be continued for a reasonable time to enable the Applicant to approach the Sessions Court. The learned Advocate for the second Respondent fairly stated that in case an application for condonation of delay along with the Revision Application is made, he will not raise objection to the application for condonation of delay. 2. Hence, Application is disposed of by passing the following -2- order : i) Application is dismissed as withdrawn with liberty to file a Revision Application for challenging the order issuing process. ii) Ad-interim relief granted by this court on 1st December 2004 will continue to operate for a period of eight weeks from today. iii) Statement made by the second Respondent which is noted in the early part of the order is accepted. iv) In any event if application for condonation of delay is made the concerned court is bound to take a note of the fact that this application was filed in this Court on 2nd November 2004 and the same remained pending in this Court till today. v) All contentions of the parties on merits are kept open. JUDGE JUDGE JUDGE