1 caf4252-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO. 4252 OF 2010 IN FIRST APPEAL NO. 24144 OF 2010 Vijay Shankar Inamdar .. Applicant V/s. Sharad Ganesh Tisgaonkar & Ors. .. Respondents .... Mr. S. M. Gorwadkar for the applicant. Mr. J. S. Deo for the respondents. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 15, 2011. P.C. Rule. 2. Advocate for respondents waives service. 3. The appellant has filed an undertaking today in which he has stated that he will deposit a sum of Rs.2,50,000/- together with interest thereon at the rate of 9% per annum from 1st January, 1999, till today with the trial Court on or before 31st April, 2011. In the said undertaking, the appellant has stated that 2 caf4252-10 he will have no objection if the respondents withdraw the said amount subject to final outcome of the Appeal. 4. In view of the said undertaking, a case is made out for grant of stay. 5. Hence, the application is disposed of by passing the following order : :: O R D E R :: i. Undertaking of the appellant tendered today is accepted. ii. There will be interim relief in terms of prayer clause (a) subject to condition of the applicant/appellant depositing with the trial Court a sum of Rs. 2,50,000/- with interest thereon at the rate of 9% per annum from 1st January, 1999 till 15th February, 2011 iii. The aforesaid amount with interest shall be 3 caf4252-10 deposited with the trial Court on or before 30th April, 2011. If the applicant/appellant fails to deposit the amount as per undertaking within the stipulated time, the interim stay granted under this order will stand vacated without further reference to the Court and it will be open for the respondents to forthwith execute the decree. iv. If the amount is deposited within stipulated time, the respondents will be entitled to withdraw the said amount . However, withdrawal will be subject to final outcome of the Appeal. v. It is made clear that the deposit of the amount by the applicant/appellant and withdrawal thereof by the respondents will be without prejudice to their respective rights and contentions. JUDGE 4 caf4252-10