-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.3744 OF 2004 APPLICATION NO.3744 OF 2004 APPLICATION NO.3744 OF 2004 IN IN IN FIRST FIRST FIRST APPEAL ST.NO.44038 OF 2003 APPEAL ST.NO.44038 OF 2003 APPEAL ST.NO.44038 OF 2003 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.Y.M.Nakhawa, A.G.P. for State Mr.S.S.Punde for the Respondent. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 2,2007. : FEBRUARY 2,2007. : FEBRUARY 2,2007. P.C.: P.C.: P.C.: 1. Heard learned A.G.P for the State. 2. The impugned Judgment and Award is in the nature of a money decree. Hence, unconditional stay cannot be granted. 3. The execution and operation of the impugned Judgment and Award will remain stayed till the final disposal of the First Appeal subject to condition of the Applicant depositing the entire amount due and payable as per the impugned Award with the Reference Court within a period of twelve weeks from today. If the deposit of entire amount is not made within -2- stipulated period, the interim stay granted will stand forthwith vacated without further reference to the court. 4. If the amount as aforesaid is deposited, the Claimant will be permitted to withdraw the said amount subject to furnishing adequate security for the said amount to the satisfaction of the Reference Court. The Reference Court will hear the Applicant before accepting the security. 5. Civil Application is disposed of in above terms. JUDGE JUDGE JUDGE