IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4689 OF 2009 WITH CIVIL APPLICATION NO. 1672 OF 2010 IN FIRST APPEAL NO. 562 OF 2010. M/s.Prescious Plasto Packing Pvt. Ltd. ..... .....Applicant. V/s United India Insurance Co. Ltd. ..... ... ..Respondent. Mr.A.A.Kumbhakoni, Sr. Adv. With Mr.M.R.Deshpande i/by Mr.S.G.Deshpande, Adv. for the applicant. Mr.J.B.Chinai, Sr. Adv. With Ms.Sonal and Anjali Bhargawa i/by F& F Associates. Adv. for the respondent. CORAM: A.P.DESHPANDE AND SMT. R.P. SONDURBALDOTA, JJ. 30th April, 2010. PC: A decree has been passed in favour of the respondent and against the present appellant-insurance company in the sum of about Rs.92 lacs. Arguable questions are raised in the appeal touching limitation as well. Having regard to the totality of facts and circumstances we are of the considered view that as the decree is money decree appellant need to be directed to deposit the entire amount. The respondent has applied for withdrawal of the amount by contending that ordinarily there cannot be stay of execution of money decree and hence the respondent be permitted to withdraw the entire amount. Having regard to peculiar facts of the present case in our view ends of justice would be met by permitting the 1 respondent to with 50% of the decretal amount. Learned counsel for the appellant submits that 50% of the amount has already been deposited in the Court. The balance amount covered by the decree together with interest shall be deposited within a period of eight weeks from today. The respondent is permitted to withdraw 50% of the decretal amount so deposited subject to furnishing bank guarantee to be kept alive till the disposal of the appeal. Both the applications stand disposed of accordingly. 30.4.2010. 2