-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.729 OF 2004 APPLICATION NO.729 OF 2004 APPLICATION NO.729 OF 2004 IN IN IN FIRST FIRST FIRST APPEAL NO.2106 OF 2006 APPEAL NO.2106 OF 2006 APPEAL NO.2106 OF 2006 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr.Suresh Kamble for the Applicants Ms Trupti i/b M/s.Bhuta & Associates for the Respondent No.1. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 13,2007. : FEBRUARY 13,2007. : FEBRUARY 13,2007. P.C.: P.C.: P.C.: 1. Rule. Advocate for the first Respondent waives service. For considering the civil Application, service to other Respondents is not required. 2. There is a money decree in favour of the first Respondent-Plaintiff. Considering the findings recorded by the Trial Court, the Applicant will have to deposit the decretal amount as a condition for grant of stay. However, longer time to deposit the decretal amount can be granted. Hence, Civil Application is disposed of by passing the following order: -2- i) There will be interim relief in terms of prayer clause (a) subject to following conditions : a) The Applicant will deposit 50% of the decretal amount as of today with the trial court within a period of three months of today; b) He will deposit the balance 50% of the amount with the trial court within a period of seven months from today. c) If the compliance is not made within stipulated period, interim order of stay will stand vacated without reference to the court. d) The first respondent will be entitled to withdraw the amount deposited by the Applicant subject to giving an undertaking to the trial Court to redeposit the said amount with appropriate rate of interest in case the Applicant succeeds in the Appeal. -3- JUDGE JUDGE JUDGE