1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3843 OF 2008 IN FIRST APPEAL NO.951 OF 2009 The Commissioner Sangli Miraj, Kupwad Cities Municipal Corporation. .. Applicant. Vs. New Vijay Industries Ltd. & Anr. .. Respondent. Mr.N.V.Walawalkar i/b Sudhri Prabhu for the applicant. Mrs.G.P.Mulekar AGP for respondent no.2. CORAM : D.B.BHOSALE & R.Y.GANOO,JJ. DATE : 20/01/2010. PC: 1. Heard Mr.Walawalkar, learned senior counsel for the applicant and Mrs.Mulekar, A.G.P. for respondent no.2. None appears for respondent no.1, though served. 2. It appears that vide order dated 17.7.2009, while issuing rule, this court had granted ad-interim stay to the operation and execution of the impugned award subject to the award amount being deposited with the Reference Court within eight weeks from the date of order. Mr.Walawalkar, learned senior counsel for the applicant-corporation submits that the corporation is finding it difficult to deposit the entire award amount in lumpsum and, therefore, they may be allowed to deposit the amount of compensation in six instalments, with the trial court, on or before S 2 10th of every month. He submits that they will deposit the entire amount within six months commencing from this month i.e. January. We are inclined to allow the prayer, and hence pass the following order: (a) The applicant – corporation shall deposit the first instalment, of which the cheque is ready with them, on or before 30.1.2010. The remaining five instalments are allowed to be deposited on or before 10th of every month commencing from February, 2010. (b) The ad-interim order stands confirmed. (c) The respondents will have liberty to apply for withdrawal of the amount. If they do not file an application for withdrawal of the amount the reference court shall invest the entire amount, that will be deposited by the applicant-corporation, in fixed deposit in a Nationalised bank initially for a period of two years and shall renew the deposit from time to time till disposal of the appeal. (d) In view of this order the civil application no.189 of 2010 stands disposed of. (e) It is needless to express that if the Corporation commits any two defaults in paying the instalments, as aforementioned, the interim stay shall stand vacated automatically. Civil application is disposed of. (R.Y.GANOO,J.) (D.B.BHOSALE,J.)