1 20 caf.390.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 390 OF 2011 IN FIRST APPEAL NO. 207 OF 2011 Samir N. Shah Vs. M/s. Oswal Enterprises Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.S.Gadkari for the Applicant. Mr. S.G.Deshmukh i/b Mr. Ramdas Shelke for the Respondent. CORAM : A.S.OKA, J. DATE : 08 th April, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 The appeal has been admitted for final hearing. The impugned decree is a money decree. No case is made out for making a departure of the usual rules of granting stay to a money decree subject to deposit of the decretal amount. 3 As the suit for specific performance filed by the Applicant is pending, permission cannot be granted to the Respondent to withdraw the amount. 2 20 caf.390.11 4 Hence, I pass the following order: i. There will be interim relief in terms of prayer clause (b) subject to condition of the Applicant depositing with the trial Court the entire decretal amount within a period of three months from today ; ii. If the amount is not deposited within the stipulated time, the stay will stand vacated without further reference to the Court ; iii. If the amount is deposited within the stipulated time, the same shall be invested in fixed deposit with any nationalized bank till the disposal of the appeal. [ A.S.OKA, J ]