1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 629/2010 IN First Appeal No. 282/2010 (M/s Spentex Industries Limited & another VERSUS Taj Enterprises, Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.N. Bhattad, counsel for the appellant. Shri M.M. Papinwar, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 12, 2010 . Heard. Perused the plaint, the written statement and the judgment passed by the trial Court on 04.01.2010. When this matter was heard on 19.03.2010 in the absence of the counsel for the respondent, to whom, the notice was issued on that day only, it was brought to the notice of this Court by the learned counsel for the appellant that the amount which was payable to the plaintiff in terms of the particulars of the plaint was only Rs.1,29,000/- and the plaintiff had claimed an interest over the amount @ 20% per annum and had further claimed damages of Rs.2,00,000/-. On a consideration of this statement in pleadings, this Court had granted stay in favour of the appellant on the condition that the appellant deposited an amount of Rs.1,75,000/- in this Court till the returnable date. It appears that the 2 appellant has deposited an amount of Rs.1,75,000/- in this Court. The learned counsel for the respondent has put in appearance today and has pointed out the written statement filed by the appellant as also the oral evidence tendered in the examination-in-chief on affidavit. It is stated in the written statement as well as in the evidence on affidavit that the present appellant had kept on hold the balance amount of RS. 6,06,604/- of the plaintiff and this was communicated to the plaintiff/respondent by the letter dated 01.03.2005. Thus, it appears from an appreciation of the pleadings and the oral evidence tendered by the appellant that the appellant had held back an amount of RS.6,06,604/- which was due and payable to the plaintiff/respondent. In view of the aforesaid position, the judgment passed by the trial Court on 04.01.2010 is stayed only on the condition that the appellant deposits an amount of Rs. 2,00,000/- in this Court positively within a period of 8 weeks from today. The amount of Rs.2,00,000/- which is payable by the appellants in this Court within a period of 8 weeks is not inclusive of the amount of RS.1,75,000/- which is deposited by the appellant in this Court in terms of the order dated 19.03.2010. The respondent-plaintiff is permitted to 3 withdraw the amount of Rs.1,75,000/- deposited by the appellant in this Court on furnishing solvent surety/security to the satisfaction of the Registrar(Judicial). The respondent would be entitled to withdraw an amount of Rs.75,000/- from the amount of Rs.2,00,000/- which would be deposited by the appellant in this Court on furnishing solvent surety/security to the satisfaction of the Registrar(Judicial). The balance amount of Rs.1,25,000/- which would be deposited by the appellant in this Court should be fixed in a fixed deposit account of a nationalized bank initially for a period of three years and the same should be renewed from time to time during the pendency of the first appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE