1 909 caf.2826.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2826 OF 2011 IN FIRST APPEAL NO. 62 OF 2003 Mrs. Ujwala Niwas Pawar and others. ... Applicants Versus Baban Pandurang Jadhav and others. ... Respondents ----- Mr. U.P.Warunjikar for the Applicants. Ms P.B.Kulkarni i/b Mr. K.S.Patil for Respondent No.1. Ms A.R.S.Baxi for Respondent Nos.2 to 4. ----- CORAM : A.S.OKA, J. DATE : 07 th September, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for Respondent No.1 as well as the learned counsel appearing for Respondent Nos.2 to 4. 2 The Respondent No.1 is the Appellant. The present Applicants are the Plaintiffs. A money decree was passed against the Respondents directing the Respondents to jointly and severally pay 2 909 caf.2826.11 the compensation of Rs.5,00,000/- with interest at the rate of 6% per annum to the Applicants. The first appeal was admitted on 11 th December, 2002. On the application for stay, following is the order passed by this Court: “The Trial Court has held that the deceased was in the employment of the Appellant and he died on the field of the Appellant due to electric shock. The Appellant must deposit 50% of the compensation awarded in the suit. The MSEB is also directed to deposit 50% of the compensation. Both to deposit the amounts within 6 weeks from today in this Court. The Respondents are at liberty to apply for withdrawal of the amounts so deposited. C.A. is disposed of.” 3 It appears that by filing an application, extension of time to deposit the amount was sought, which prayer was rejected by the order dated 1 st March, 2011. 4 There is a separate order passed on the first appeal permitting the Applicants to withdraw a sum of Rs.1,00,000/- unconditionally and directing investment of the balance amount. The Applicants were permitted to withdraw interest accrued on the fixed 3 909 caf.2826.11 deposit. 5 The only prayer in this application reads thus: “(a) Be pleased to clarify that there is no any interim relief in favour of respondent No.1 on account of non-deposit of the amount by respondent No.1 as per the directions given by this Hon'ble High Court;” 6 As the order of this Court passed on 26 th March, 2003 directs that the entire decretal amount shall be deposited in this Court, possibly the said order has been construed as a grant of stay by the trial Court. 7 The learned counsel appearing for the Applicant on instructions states that even as of today, 50% share in the decretal amount directed to be deposited by Respondent No.1 has not been deposited. The learned counsel appearing for Respondent No.1 states that he has not received any instructions in this behalf. 8 Hence, the civil application is disposed of by passing the following order: 4 909 caf.2826.11 i. If Respondent No.1 fails to produce before the trial Court within a period of one month from today, a receipt showing deposit of the 50% of the decretal amount in this Court, it will be open for the trial Court to proceed with the execution of the decree as against Respondent No.1. As Respondent Nos.2 to 4 have deposited 50% of the amount, it is obvious that execution will not proceed against the said Respondents ; ii. The application is disposed of on above terms. [ A.S.OKA, J ]