1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 1382/2010 in FIRST APPEAL NO. 570/2010 (The State of Maharashtra and another vs. 1 . Nafis Ahamad Mukhtar Ahmad and others ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : SMT.VASANTI A. NAIK, J. DATED : 20th October, 2010. Heard Mrs. Mayuri Deshpande, the learned counsel for the appellants and Miss R.A.Jaiswal, the learned counsel for respondents. The learned counsel for the respondents/ original plaintiffs strongly opposes the prayer made in this Civil Application and states that the trial Court has rightly decreed the suit for an amount of Rs.2,34, 500/-. However, on perusal of plaint paragraph 7, it is clear that the plaintiffs had sought the refund of the amount of Rs. 50,000/- which was paid towards the security deposit and the rest of the amount was claimed only towards interest on the security deposit and on the delayed payment towards the bills. The appellants have made out a strong prima facie case as the trial Court has granted interest @ 18% per annum, on the security deposit as well as the delayed payment on the bills in the 2 absence of a clause in a agreement to that effect. Hence, the judgment and decree passed by the trial Court on 15.2.2010 is stayed during the pendency of the First Appeal as the appellants have deposited an amount of Rs. 75,000/- in accordance with the order dated 25.6.2010. The respondents/plaintiffs are permitted to withdraw the amount deposited by the appellants in this Court on furnishing solvent surety/security to the satisfaction of the Registrar of this Court. The Civil Application is allowed in the aforesaid terms and disposed of. JUDGE sahare