- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.3217 OF 2007 IN FIRST APPEAL NO.2329 OF 2007 ----------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s appearances, Court’s orders order or directions ----------------------------------------------------- ¦ Mr.A.G.Toraskar for the Applicant. ¦ Mr.S.M.Shetty i/b Mr.M.A.Vajantri ¦ for the Respondent. ¦ ¦ CORAM: D.K.DESHMUKH & ¦ V.M.KANADE, JJ. ¦ DATED: 13TH DECEMBER, 2007 P.C.: This Civil Application is taken out by the Appellant for stay of the execution of the decree impugned in the Appeal. The decree impugned in the Appeal is a money decree. We, therefore, asked the learned Counsel appearing for the Appellant whether he wants time to deposit the money or whether he wants to give any security. He stated that the Appellant is neither in a position to deposit the money nor is in a - 2 - position to give any security. Therefore, execution of the money decree cannot be stayed. Because if the money decree is executed, the Appellant is not likely to suffer any irreparable loss. Civil Application is, therefore, rejected. Execution to go on. (D.K.DESHMUKH, J.) (V.M.KANADE, J.)