FARAD CONTINUATION SHEET NO FARAD CONTINUATION SHEET NO FARAD CONTINUATION SHEET NO IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CIVIL APPLICATION NO. 2324 OF 2004 CIVIL APPLICATION NO. 2324 OF 2004 CIVIL APPLICATION NO. 2324 OF 2004 IN IN IN FIRST APPEAL NO. 470 OF 2002 FIRST APPEAL NO. 470 OF 2002 FIRST APPEAL NO. 470 OF 2002 ---------------------------------------------------------------------- ------------------------------------------------------------------ ------------------------------------------------------------------ Office notes, office Memoranda Court’s or Judge’s orders Office notes, office Memoranda Court’s or Judge’s orders Office notes, office Memoranda Court’s or Judge’s orders of Coram, appearance, Court’s of Coram, appearance, Court’s of Coram, appearance, Court’s orders or directions and orders or directions and orders or directions and Registrar’s orders. Registrar’s orders. Registrar’s orders. ---------------------------------------------------------------------- ------------------------------------------------------------------ ------------------------------------------------------------------ Mr. A.S.Garge i/by R.S.Apte and P.R. Arjunwadkar for the Applicant. Mrs. Neeta P. Karnik, Adv. for the Respondent. CORAM : S.B. MHASE & CORAM : S.B. MHASE & CORAM : S.B. MHASE & R.S. R.S. R.S. MOHITE, JJ. MOHITE, JJ. MOHITE, JJ. DATED : 13/09/2004 DATED : 13/09/2004 DATED : 13/09/2004 P.C. P.C. P.C. 1. Mr. Garge holding for Mr. Arjunwadkar states that the counsel engaged by them Mr. Apte has gone to Delhi and therefore, matter be adjourned. Mrs. Neeta Karnik for the respondent pointed out that for number of times the matter was adjourned. She further pointed out that the appeal has been already admitted and this application is about the tenability of the appeal filed by the appellant. It is submitted that this can be considered at the time of final hearing. We also perused the application and find it proper that since the appeal has been admitted, the point involved in the application can be considered at the time of final hearing. The point involved in the Civil Application to be decided along with the main appeal. 3. The learned counsel Mr. Garge pointed out that in the civil application there are other prayers in respect of the deposit of the decretal amount. However, our attention was invited to the fact that the decretal amount has already been deposited as per the order dated 14.10.2003 in the Trial Court. It has been further pointed out that the civil application filed by the present applicant for withdrawal of the said amount has been rejected by the Trial Court on 15.12.2003. In view of this fact, the interim relief claimed in this civil application in terms of prayer clause (b) does not survive and therefore, the civil application is rejected to that effect. However, it only survives in respect of prayer clauses (a) and the said reliefs will be considered at the time of final hearing. Accordingly the application is disposed of. (R.S.MOHITE, J.) (S.B.MHASE, J.) (R.S.MOHITE, J.) (S.B.MHASE, J.) (R.S.MOHITE, J.) (S.B.MHASE, J.)