-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 973 OF 2009 IN FIRST APPEAL NO. 2090 OF 2007 WITH FIRST APPEAL NO. 2378 OF 2007 Can Fin Homes Ltd. ... Applicants (Orig. Plaintiffs) vs. M/s. Hrishikesh Constructions and others ... Respondents (Orig. Defendants) Mr. D.G. Dhanure with Mr. Sunil Chavan, instructed by M/s. M.V. Kini and Company, for the applicants. Smt. Anita Agarwal for the respondents. CORAM: J. N. PATEL & A.A. SAYED , JJ. DATE: MARCH 31, 2009 P.C. Heard the learned counsel for the parties. Civil Application is allowed in terms of prayer clause (b). Prayer clause (b) reads as under: “(b) the Applicants may please be permitted to withdraw the amount of Rs. 9,22,958/- and the interest accrued therein which was deposited by the Respondents pursuant to the order dated 27.08.2007.” 2. It is made clear that the operative part of the judgment of the trial Court which is in favour of the original decree holder-respondents reads that -2- defendant Nos. 1 to 4 are jointly and severally do pay an amount of Rs. 8,85,000/- to the plaintiff along with interest thereon @ 22% p.a. from 1st July, 1996 till realisation. In so far as future interest is concerned, after the date of filing of the suit, the same will have to be calculated only when the decree is permitted to be executed. In view of our order, the said amount cannot be claimed as part of the decretal amount. The said order is conditional and it clearly mentions that on the appellant-judgment debtor depositing the said amount, there will be stay to the execution of the decree. We make it further clear that in case the appellants succeed, the respondents-decree holders may return the said amount with interest which will be determined at the time of disposal of the appeals. 3. No order as to costs. J.N. PATEL, J. A. A. SAYED, J.