1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2520 OF 2009 IN FIRST APPEAL NO.887 OF 2009 Office Notes, Office Memoranda of Coram, Court’s or Judge’s Orders appearances, Court’s orders or directions and Registrar’s orders Mr. G.S. Godbole with Ms.Manjiri S. Parasnis for the Appellants. Mr.M.S.Kadu for Respondent nos. 1/1 to ¼. Mr.Vijay Patil for Respondent no.2. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 29TH JUNE, 2009 P.C. :- Heard Mr.Godbole and Mr.Kadu, the learned counsel for the respective parties. Mr. Patil appears for Respondent no.2. 2. Prima-facie, we are satisfied that the agreement was for a shop premises admeasuring 20 ft. x 80 ft. To that the learned Judge of the trial Court had added to the said 2 area 1000 sq. ft. by way of loft thus making a total area 2600 sq. ft. and over and above that, he has added 20% for calculating the built-up area and, in this fashion, the built-up area is fixed at 3120 st. ft. 3. As per the evidence of Sunita Thorat (P.W.3), the market rate prevailing in the year 1994 was Rs.675/- per sq. ft. 4. For the purpose of staying the impugned decree, we prima-facie take the total area as 1600 sq. ft. and to be multiplied by Rs. 675/- to arrive at the amount of damages at this stage and without prejudice to the rights and contentions of the parties in the pending Appeal. The trial Court has also directed to pay interest at the rate of 9% from the date of the decree. 5. Hence, the Application is allowed in terms of of prayer clause (a) subject to the Applicants depositing an amount of Rs. 12,00,000/- with the trial Court within a period of four weeks from today. 6. The amount so deposited shall be 3 invested in fixed deposit with any nationalised bank and the fixed deposit be renewed during the pendency of the Appeal. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)