1 fa784-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.784 OF 2010 Kunal Sancheti Associates ..Appellant Vs State of Maharashtra and others ..Respondents -- Mr.Milind Sathe, Senior Counsel a/w.Ms.Rajalakshmy Mohandas and Ms.Prachiti Darda i/b.M/s.ALMT Legal, for appellant. Mr.A.R.Patil, AGP for respondents State. -- CORAM : V.C.DAGA & R.G.KETKAR, JJ. DATE : 12 th JANUARY, 2011 P.C: Heard learned Senior Counsel for the appellant. 2] Admit. 3] Private Paper Book be filed within eight weeks from today. Learned AGP waives service on behalf of respondents State. [R.G.KETKAR, J.] [V.C.DAGA, J.] 2 fa784-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2157 OF 2010 IN FIRST APPEAL NO.784 OF 2010 Kunal Sancheti Associates ..Applicant Vs State of Maharashtra and others ..Respondents -- Mr.Milind Sathe, Senior Counsel a/w.Ms.Rajalakshmy Mohandas and Ms.Prachiti Darda i/b.M/s.ALMT Legal, for applicant. Mr.A.R.Patil, AGP for respondents State. -- CORAM : V.C.DAGA & R.G.KETKAR, JJ. DATE : 12 th JANUARY, 2011 P.C: Heard learned Senior Counsel for the applicant. 2] Perused the application seeking interim stay of the orders dated 26 th November, 2007 directing recovery in the sum of Rs.63,51,800/- from the appellant out of which Rs.9,07,400/- represents the recovery on account of Royalty and that Rs.54,44,400/- by way of penalty. 3] So far as the amount of Royalty is concerned, we grant interim stay, subject to the following conditions :- (i) Applicant/appellant to deposit Rs.9,07,400/- in this Court. (ii) Amount of penalty of Rs.54,44,400/- is concerned, the 3 fa784-10.sxw applicant/appellant to furnish a bank guarantee by way of security of any nationalised bank with a specific clause that the bank guarantee shall be kept renewed from time to time so long as the First Appeal is not decided on its own merits and that in the event of non- renewal of the bank guarantee, the proceeds thereof shall be remitted to this Court without there being any demand in that behalf. 4] All the above conditions should complied within eight weeks from the date of this order. 5] Civil Application is disposed of in terms of this order with no order as to the costs. 6] Parties are at liberty to move this Court for final hearing after the decision of the SLP/Appeal pending before the Apex Court wherein the issues involved in this First Appeal are being considered. [R.G.KETKAR, J.] [V.C.DAGA, J.]