1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3035 OF 2009 IN FIRST APPEAL NO.611 of 2009 WITH CIVIL APPLICATION NO. 3036 OF 2009 IN FIRST APPEAL NO. 612 of 2009 The Municipal Corporation of City of Nashik ....Applicant Vs. M/s. Mico Co. Ltd. & anr. ....Respondents Mr. V.A.Gangal with Mr. Vindu Pandey, advocate for the applicant. Mr. Naresh S. Thacker, advocate for respondent no. 1. CORAM:- A.M.KHANWILKAR AND A.A..SAYED, JJ DATED:- JUNE 28, 2010 P.C. By these Applications, it is prayed that the Judgment and decree impugned in these Appeals be stayed during the pendency of the Appeal. It is not in dispute that the decree passed against the Appellant is a money decree. In terms of order dated 9th February, 2009, the Appellants have already deposited 50% of the principal amount in the trial Court. In so far as remainder decretal 2 amount is concerned, that has not been paid so far. Learned Counsel for the Corporation submits that the Corporation is willing to furnish Bank Guarantee for the remainder decretal amount. However, as the impugned decree is a money decree, the offer of furnishing Bank Guarantee for the remainder decretal amount cannot be accepted. The Respondent-plaintiff has already succeeded in the challenge to the collection of excess octroi duty before the trial Court. In the circumstances, we are continuing ad-interim relief granted by this Court on 9th February, 2010 which will operate during the pendency of the Appeal but on condition that the Appellant shall deposit the balance decretal amount after deducting the deposit of 50% of principal amount, already paid in the trial Court. That be done within six weeks from today and receipt of such deposit be produced in the Registry within such time failing which the interim protection granted to the Appellant in terms of this order shall stand vacated forthwith, without further reference to the Court. 2. In so far as the Respondent is concerned, they would be entitled to withdraw the amount deposited by the Appellant in terms of order dated 9th February, 2010 as well as this order on condition that they would furnish Bank guarantee for the commensurate amount and authorised Officer of the Company should file affidavit of undertaking that in the event the Appeal succeeds, the 3 Respondent will pay back the entire amount withdrawn by them alongwith interest as may be ordered by the Court at the appropriate stage. The Bank Guarantee to be furnished by the Respondent shall be kept alive until the appeal is finally disposed of or such further orders as may be passed by the Court as the case may be. 3. Application disposed of on the above terms. (A.A.SAYED, J) (A.M.KHANWILKAR, J)