IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5139 OF 2008 IN FERA APPEAL NO. 71 OF 2008 Kiran C. Mehta. ... Appellant. V/s. Union of India and others. ... Respondents. H.S.Khokhawala i/b. Nankani & Associates for the appellant. Y.R.Mishra with M.S.Bhardwaj for the respondents. CORAM : V.C.DAGA AND S.J.KATHAWALLA, JJ. DATED : 11th June 2010. P.C. : Heard. Perused civil application. 2. The appeal has already been admitted on 19th November, 2008. By the present application, the appellant is seeking stay to the operation and implementation of the impugned order. 3. Learned counsel for the appellant submits that Rs.8 lakh have already been been deposited by way of pre- deposit as such recovery of the remaining amount of Rs.4 lakh should be stayed. He submits that the appellant has made out prima facie case, hence interim stay would be in the interest of justice. 4. The prayer made is strongly opposed by the counsel for the Revenue contending that no stay can be granted in the matter of recovery of money in the nature of fine. 5. Having heard rival parties, no case is made out to stay recovery of the fine. The amount of fine can always be ordered to be refunded with interest in the event appeal succeeds. In the circumstances, subject to deposit of balance amount, the impugned order shall stand stayed. 6. In the event of deposit, the Prothonotary and Senior Master is directed to invest the said amount in any nationalised bank, initially, for a period of 18 months and keep the said investment renewed from time to time till the disposal of the petition. 7. Civil application stands disposed of accordingly with no order as to costs. (S.J.KATHAWALLA, J.) (V.C.DAGA J.)