{1} ca675711.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6757 OF 2011 WITH CIVIL APPLICATION NO.529 OF 2007 IN FIRST APPEAL NO.60 OF 2007 Uttam s/o Changdeo Labade Applicant Versus Mansukh Uttamchand Chordiya & others Respondents Mr.R.N.Dhorde, advocate for applicant. Mr.Y.V.Kakade, advocate for respondent no.1. CORAM : R.M.BORDE, J. DATE : 01 st July, 2011 PER COURT: 1 This Court, by order dated 22.03.2011 on Civil Application No.529 of 2007, directed issuance of notice to the respondents and granted ad interim stay to the impugned judgment and decree to the extent of appellant on the condition that appellant deposits total amount under the decree, as directed by the trial Court, within a period of ten weeks from the date of order i.e. 22.03.2011. 2 The applicant has not complied with the order. However, the applicant has tendered an application seeking extension of time to deposit an amount of Rs.80,000/-. The decree passed by the trial Court is in respect of recovery of an amount of Rs.1,58,378.06 from defendants no.3 & 4 jointly together with interest @ 10% p.a. on the principal sum of Rs.1,23,975/- from the date of suit i.e. from 15.12.2001 till realization of decreetal amount. {2} ca675711.odt 3 According to the Counsel for Respondent No.1 – original plaintiff no.1, total sum recoverable from the appellant, as per the decree, comes to Rs.1,40,000/- approximately. 4 The applicant has expressed inability to deposit total amount and sought extension of time to deposit Rs.80,000/-. In this view of the matter, as there is failure in compliance of the order passed by this Court on 22.03.2011, there is no other alternative except to reject the application. 5 Civil Application stands rejected. Civil Application No.529 of 2007 also stands rejected. R.M.BORDE adb/ca675711 JUDGE