: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6353 OF 2007 CIVIL APPLICATION NO.6353 OF 2007 CIVIL APPLICATION NO.6353 OF 2007 IN IN IN FIRST APPEAL (ST.) NO.28219 OF 2007 FIRST APPEAL (ST.) NO.28219 OF 2007 FIRST APPEAL (ST.) NO.28219 OF 2007 Sanjay Sadashiv Desai ...Applicant V/s. Sharad Balwant Potnis & Anr. ...Respondents Mr.D.M. Gupte, Advocate, for the Applicant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 10TH JANUARY, 2008. DATE : 10TH JANUARY, 2008. DATE : 10TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Rule, returnable on 7th March, 2008. 2. In addition to service of notice through Court, the applicant shall serve a private notice by Registered Post A.D. and/or by courier service and/or by hand delivery and shall file affidavit of service before the returnable date. If compliance is not made, the application shall stand dismissed for non-prosecution without further reference to the Court. 3. There will be ad-interim relief in terms of prayer clause (e) subject to condition of the : 2 : applicant depositing a sum of Rs.40,000/- with the Tribunal on or before 29th February, 2008. If the amount is not deposited within the stipulated period, ad-interim stay will stand vacated without further reference to the Court. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]