-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.673 OF 2008 APPLICATION NO.673 OF 2008 APPLICATION NO.673 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.223 OF 2008 APPEAL NO.223 OF 2008 APPEAL NO.223 OF 2008 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr.Rajan Salvi for the Applicant Mr.Vijay Killedar for the Respondent CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : MARCH 3, 2008 : MARCH 3, 2008 : MARCH 3, 2008 P.C.: P.C.: P.C.: 1. Rule. The Advocate for the Respondent waives service. Taken up for hearing forthwith. 2. The impugned decree is a money decree. The Applicant will have to deposit the decretal amount as a condition for grant of stay. The suit arises out of a commercial transaction. Therefore, if the amount is deposited, the Respondent will be entitled to withdraw the same on furnishing adequate security. 3. Hence, civil Application is disposed of by passing the following order : -2- i) There will be interim relief in terms of prayer clause (a) subject to the Applicant depositing entire amount due and payable as per the decree with the trial court within a period of ten weeks from today. If the amount is not deposited within stipulated period, interim relief will stand vacated without further reference to the court. ii) If the amount is deposited, the Respondent will be entitled to withdraw the said amount subject to furnishing adequate security for the said amount to the satisfaction of the trial court. iii) The Applicant will be heard before accepting security. JUDGE JUDGE JUDGE