1 Mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3470 of 2010 Ramchandra Jethanand Uttamchandani ... Petitioner versus Prabhu H. Tharaney ... Respondent ... Mr.Mohan Bir Singh i/b MBS & Co. for the petitioner. Mr.P.S.Dani for the respondent CORAM : D.G. KARNIK, J. DATED : 1st July 2010 P.C. 1. Heard. By consent of the parties, the impugned order is set aside and the following order is passed:- 2. Execution of the decree dated 5 April 2006 passed by the Small Causes Court in R.A.E Suit no.1271/2099 of 2002 is stayed subject to the condition that petitioner shall deposit in the appellate court a sum calculated at the rate of Rs.1,000/- per month from the date of the decision of the Small Causes Court i.e. 5 April 2006 upto date within four weeks from today and continue to deposit Rs.1,000/- p.m till appeal is decided. Petitioner shall also furnish a bank guarantee in the sum of Rs.2,00,000/- (Rupees Two lakhs) for the mesne profits within four weeks from today. The amount deposited in the appellate court is allowed to be withdrawn by the respondent subject to his furnishing an undertaking to refund and redeposit it in the event the appeal is allowed or if as directed by the court. (D.G. KARNIK,J.)