1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5046/2009. ( Smt. Pushpa Devendra Sood and others -: versus :- Shriram Chits Ltd. ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 07, 2010. Heard finally by consent of Shri M.I. Mourya, learned counsel for petitioners and Shri R.V. Shah, learned counsel for respondent. The order passed below Exh. Nos. 1 and 4 on 06.11.2009 i.e. in Misc. Civil Application No. 652/2008. By said order the District Judge-III, Nagpur has condoned the delay in filing Regular Civil Appeal and at the same time has also passed orders granting stay of execution of decree, subject to petitioners before this Court [appellant before it], depositing 50% of the amount of Rs. 76,100/-. Accordingly, the petitioners have deposited amount of Rs. 41,490/-. The said amount includes 50% of the decretal amount and also 50% of the costs awarded by the Trial Court. Contention of petitioner is that, there was no statement of account placed with the suit and amounts deposited by the petitioners are not reflected in the pass book and therefore, are not appropriated. Thus challenge is to the amount sought to be 2 recovered. Attention has been invited to certain portion of cross examination. I have heard Shri Shah, learned counsel for respondent. He states that, as installments were not paid within time and there were defaults, entire amount became recoverable and accordingly recovery was sought with penal interest. In view of the cross examination pointed out to this Court, prima facie I find some substance in the contention of the petitioners, however, as the Trial Court has considered some evidence and appeal is still pending it will not be proper on the part of this Court to pass any final remarks in this respect. The petitioners claim that they have deposited amount of Rs. 67,860/- towards repayment. Suit was for recovery of Rs. 76,100/- with 18% interest and trial Court has granted decree for recovery of that amount with 6% interest from the date of suit till realization. In this position, I find it appropriate to modify the order granting stay in so far as it permits the respondent to withdraw entire 50% amount as deposited. The respondent is permitted to withdraw the entire amount of costs as awarded by the trial Court out of the amount deposited and also 25% of Rs. 76,100/- from the amount deposited. The balance amount shall be invested by the office of the District Judge-III, Nagpur with any nationalized bank initially for a period of one year. The respondent shall withdraw the amount, after giving an undertaking on affidavit, that in case the appeal is allowed, they shall redeposit the said amount with the Appellate Court within 30 days. 3 The proceedings in appeal to be registered are expedited and the said Court is directed to decide the said appeal as early as possible and in any case by 31.01.2011. Rule accordingly. No cost. JUDGE Rgd.