1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4482 OF 2009 IN FIRST APPEAL NO.1270 OF 2007 M/s. Herald Engineers & Ors. )..Applicants Vs. Shri Naveen Dugappa Shetty & Ors. )..Respondents ---- Mr. S.S.Patwardhan for the applicants. Ms.Chaitrali Deshmukh for the respondent no.3. ---- Coram : R.S.MOHITE,J Date : 3rd March, 2010 1. PC 1 This is a Civil Application taken out by the original appellant against whom there is a money decree. It is seen that under an interim order passed by this Court on 20.11.2009 an amount of Rs.22 lakhs has already been deposited. The total amount inclusive of interest but excluding cost would come to about Rs.40 lakhs. Advocate states that his client will deposit further amount of Rs.18 lakhs in this Court within a period of two weeks from today. On the deposit of further amount of Rs.18 lakhs, there will be an interim stay in terms of prayer clause-(A). Respondent no.7-bank who is a decree holder is permitted to withdraw the said amount after filing an undertaking in this Court that the said amount along with 12% interest will be re-deposited in this Court in case, the appeal is allowed, within two weeks of the judgment and order allowing this appeal. Place the matter after 2 two weeks for acceptance of undertaking. Civil Application however, stands disposed off. Undertaking to be filed in the main First Appeal which should be listed for orders after two weeks. (R.S.MOHITE,J) 3