CA 3353/10 in FA (St) 5738/10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.3353/2010 IN FIRST APPEAL (St) NO.5738/2010 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | CORAM: S.V. GANGAPURWALA, J. Date: 09.12.2010 This is an application seeking stay to the impugned judgment and decree passed by the Court below. The trial Court has decreed the suit for damages. Feeling aggrieved by the same, the present applicant / appellant has filed the appeal. The appeal is already admitted. Shri A.S. Deshpande, the learned counsel for the applicant, states that the Court below could not have granted such an exorbitant amount as damages. The actual loss has not been proved. As such no question arises of granting such damages. The decree is in favour of the present respondent. The contentions raised by Shri A.S. Deshpande, the learned counsel, would be decided at the time of final hearing when the evidence will be re-appreciated. As the CA 3353/10 in FA (St) 5738/10 2 decree is in favour of the respondent and the same is a money decree, it would be in the fitness of things to direct the applicant / appellant to deposit the total amount under the decree. In the result, the civil application is allowed. The impugned judgment and decree is stayed on the condition that the applicant / appellant deposits the total amount under the decree within a period of ten weeks from today. Needless to state that the amount already deposited shall be adjusted. Civil application is disposed of accordingly. (S.V. Gangapurwala, J.) Dt/- 09.12.2010 ndk/c912108