1 CA 3940.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD C.A. NO. 3940/2011 IN FIRST APPEAL NO. 2108/2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : SMT. MRIDULA BHATKAR, J. DATED : 19th Sept., 2011. Mr. A.P. Bhandari, Advocate for the appellants. Mr. D.L. Agrawal, Advocate for respondent sole. 1. Heard. 2. The application is moved for stay. The suit is decreed for an amount of Rs.7,42,832/- plus interest @ 12% per annum, against the appellants. Learned counsel for the appellants submits that the respondent has lodged a criminal case and initiated prosecution under section 138 of Negotiable Instrument Act, 1881, against the appellants before the Judicial Magistrate (First Class) Court, at Ahmednagar. The trial is concluded in the acquittal of the appellants, from the concerned offence. He submits that in view of that acquittal and considering the appreciation of the evidence on that issue before the trial Court, the appellants be allowed to deposit 50% of the decreetal amount, as they pray for the stay. Learned counsel for the respondent submits that the appellants be 2 CA 3940.11 directed to deposit the entire amount as the suit is decreed. 3. The respondent / original plaintiff has filed a suit for the principal amount of Rs.5,20,656/- and also a capitalized interest on it at the time of filing suit which comes to Rs.7,42,832/-. In view of the facts herein, the applicants / appellants are directed to deposit the original amount of Rs.5,20,000/- in this Court. On this condition, interim stay pending the appeal, is granted. The learned counsel appearing for the applicants / appellants prays for time of seven weeks. The appellants to deposit the amount of Rs.5,20,000/- on or before 14/11/2011. If the said amount is not deposited within stipulated time, then stay will be automatically vacated without referring to this Court and the respondent will be free to take execution proceeding against the appellants. 3. Civil application is disposed of. [SMT. MRIDULA BHATKAR, J.] ts k/2011/Sept.19/ca3940.11