JUDGMENT - DESHMUKH B.N., J.:—We have already admitted First Appeal No. 155/1993 on 30th of March, 1993. Civil Application No. 1162/1993 was moved in the First Appeal for interim relief before the Additional Registrar.

2. When the Civil Application was moved before the Additional Registrar, the Additional Registrar passed order on the note filed by the Advocate for circulation as follows:

“In view of the order passed by His Lordship Sambre, J., (In Civil Application No. 4039/1991) it is necessary to place the matter before the Court. So the matter is, placed before the Court.”

Hence the matter has appeared before us. So also, the Counsel for the applicant has amended the Civil Application seeking clarification of the order dt. 23-10-1990 passed by Sambre, J., in Civil Application No. 4039/1991 in Second Appeal No. 570/1991.

3. We have gone through the order passed by Sambre, J. It is observed in the order that once the matter is taken cognizance of by the Court, if it is admitted by this Court, then, even for interim relief, the matter is required to be placed before the Court and not before the Additional Registrar. It is only in urgency, when the Court is not functioning, then only interim order can be passed by the Additional Registrar, which can be in existence only for a certain period. Further, It is observed that, the provisions of Rule 3(a) of Chapter II of the Bombay High Court Appellate Side Rules, 1960, cannot come to the rescue of the office to place such matters before the Additional Registrar. Confirming the order passed by the Additional Registrar, which is passed by the Court, is a mockery of the order of this Court. In that judgment it is, therefore, observed:

“Hence, hereafter, once the matter is admitted, all the applications as regards the interim reliefs are required to be placed before the Court only.”

4. It is worthwhile to consider the provision of the Rule in this regard.

Rule 3(1)(a) of Chapter II is as follows:

“In addition to the powers conferred upon him by the other Rules and subject to such limitations as may be prescribed therein, the Registrar may exercise the following powers:

He may dispose of:

(a) Applications for Orders under Order XLI, Rules 5, 6 and 10 of Code of Civil Procedure in appeals, which have been admitted, provided that the Registrar may grant stay pending admission during vacation and such stay shall remain operative for only seven days from the date of the order.”

The rule itself provides for the powers of the Registrar in two situations, firstly, in the admitted matters and, by virtue of proviso, in the cases where the matters are not admitted. In the appeals which are admitted by the Court, the application for orders under Order XLI, Rules 5, 6 and 10 of Code of Civil Procedure can be entertained by the Registrar or the Additional Registrar, as the case may be, provided in case the appeal is not admitted, still the Registrar or the Additional Registrar may grant stay pending admission during vacation and such stay shall remain operative for only seven days from the date of the order. The rule does not restrict the power of the Registrar to consider the application when the matter is admitted. It is only when the matter is yet to be admitted, the Registrar or the Additional Registrar may grant stay pending admission during vacation only and such stay shall remain operative for only seven days from the date of the order.

5. If the matter is already admitted then the application can be moved for interim relief, under Order XLI, Rules 5, 6 and 10 of Code of Civil Procedure to the Registrar or Additional Registrar. On such application, the Registrar or Additional Registrar may entertain such application and consider it on merits. We are, therefore, not in agreement with the view taken by Justice Sambre regarding placing of the Civil Applications for interim orders, after the appeals are admitted, before the Court only and the Registrar or Additional Registrars have no power to entertain su

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