(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 5785 of 2009 (In First Appeal No. 706 of 2005) M/s. Rashtriya Chemical and Fertilizers Ltd., A Government Company incorporated under the Companies Act, having its registered office at "Priyadarshani", Eastern Express Highway, Sion-Trambay Road, Mumbai 400 022, Through its Deputy Marketing Manager, who is duly empowered under the provisions of the Memorandum and articles of the Association by the Marketing Manager, Nandkishor s/o. Krushnarao Kamat, Age : 43 years, Occupation : Service, R/o. Plot No.2, Lokmanya Nagar, Savedi, Ahmednagar. .. Applicant. versus 1. Ramchandra s/o. Shankar Shete, Age : 60 years, Occupation : Business, R/o. Bajar Peth, Dharur, Taluka : Dharur, District : Beed. 2. M/s. Shri Ganesh Krupa Krushi Seva Kendra, Majalgaon, Taluka : Majalgaon, District : Beed, Through Proprietor, Kishor Ramchandra Shete, (2) Age : 40 years, Occupation : Business, R/o. Main Road, Majalgaon, Taluka : Majalgaon, District : Beed. 3. Kishor s/o. Ramchandra Shete, Age : 40 years, Occupation : Business, R/o. Majalgaon, Taluka : Majalgaon, District : Beed. .. Respondents. .......................... Mrs. N.N. Gangwal (Jain), Advocate, holding for Mr. A.H. Kasliwal, Advocate, for the applicant. Mr. V.D. Salunke, Advocate, for non-applicant no.1. .......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 7TH SEPTEMBER 2009. COURT'S ORDER : 1. By way of present application, the applicant (respondent no. 1 in the First Appeal) is seeking a direction to the appellant (non- applicant no.1 herein) to deposit an amount of Rs. 2,94,734/-. 2. This court vide order dated 2nd February 2009, had granted (3) stay to the execution of the decree, on condition that the appellant deposits fifty percent of the decretal amount in this court. 3. It was submitted on behalf of the non-applicant, appellant, that the fifty percent of the decretal amount is already deposited in this court. 4. In view of this position, the Taxing Officer was directed to submit a report specifying therein, as to how much amount would be fifty percent of the decretal amount. 5. Accordingly, the Taxing Officer has submitted his report dated 4th September 2009, wherein it has been held that the fifty percent of the decretal amount comes to Rs. 10,70,921/-. The appellant has deposited Rs. 7,75,000/-. 6. In view of this position, the application is allowed. The non-applicant no.1, appellant, is directed to deposit Rs. 2,95,921/-, in this court, within a period of four weeks from today. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/5785ca