Judgment :- (1.) MR. Mitra submits that the matter must be listed under the heading to Be Mentioned, as the matter was kept under the heading cav vide order dated 5th December 2007. The record is produced. (2.) IT is seen that after the matter was kept under the heading cav, learned counsel for the defendant No. 23 contended that his argument was not over and as such the prayer was allowed for further hearing. The Court fixed 8th January 2008 for listing of the matter under the heading adjourned motion. (3.) IT is therefore, clear that there was implied modification of the earlier order under which it was kept under the heading cav. (4.) AS there is nothing on record to show that it is part heard, this Court has no determination at present to take up the matter. As such Mr. Mitra is requested to move before the appropriate Bench having such determination. Even there is anything in the record to show that there was any implied order that the matter was heard in part, the same is released.