2611fa885.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR FIRST APPEAL NO.885/2009 APPELLANT:- M/s Sharada Plywood Centre, A Proprietorship concern, through its Proprietor Shri Bharatbhai Virjibhai Patel, Business Establishment at Lakkadkot, Aurangabad Road-Jalna, Tq. & Distt. Jalna. ...V E R S U S... RESPONDENT:- Kalpak Marketing, Amravati, A Proprietorship concern, through its Proprietor Shri Shantilal Tejabhai Patel, Aged 43 years, Occ. Business, Business Establishment at Nehru Timber Market, Gandhi Nagar, Amravati, Tq. & Distt. Amravati. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- [Shri Dhore, Adv. h/f Shri Anjan De, Adv. for appellant] [None for respondent] CORAM:- A.B. CHAUDHARI, J. DATED :- 26.11.2009 1. Heard. 2. Taken up for final disposal in view of the statement made by Advocate Shri Dhore holding for Advocate Shri Anjan De for appellant that the appellant is not ready to deposit the amount as ordered by this Court. 2611fa885.09.odt 2/2 3. Looking to the fact that the decree in question is a money decree and the appeal has been admitted, this Court made conditional order directing the appellant to deposit the entire amount under decree. The said order of the this Court has not been honoured and on the contrary the appellant got the appeal admitted to keep pressure on the other side which cannot be allowed. In the case of Bhogvati Sahakari Sakhar Karkhana Limited...Versus...M/s Chaugule and sons, reported in 2003 (2) Mh.L.J. 562 the learned single Judge of this Court found that the appellate Court has a power to order the appellant to deposit the amount in case of money decree even if there is no prayer for stay since the appeal is filed with a view to continue the litigation with an intention to prolong the execution of decree. Hence, order admitting the appeal is recalled in view of non-deposit of the amount as per orders made by this Court. That apart, this Court does not find bona fides with the appellant and real intention appears to be to get appeal admitted and keep the same pending, which cannot be allowed. First Appeal is, therefore, dismissed. No order as to costs. JUDGE ssw