-: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 CIVIL CIVIL CIVIL APPLICATION NO. 3958 OF 2008 APPLICATION NO. 3958 OF 2008 APPLICATION NO. 3958 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO. 2616 OF 2007 APPEAL NO. 2616 OF 2007 APPEAL NO. 2616 OF 2007 Shri Sanmukhbhai Dahyabhai Patel. ... Applicant. V/s. Shri Balu Sudam Jagtap. ... Respondent. Mr. Rahul S. Kate for the Applicant. Mr. R.N. Sanghvi for the Respondent. CORAM CORAM CORAM : R.M. SAVANT, J. : R.M. SAVANT, J. : R.M. SAVANT, J. DATE DATE DATE : 27TH AUGUST, 2008. : 27TH AUGUST, 2008. : 27TH AUGUST, 2008. P.C. P.C. P.C. : : : . By the above Civil Application, the Applicant has prayed for modification of the order dated 24th January 2008, by which order the interim stay granted earlier was continued subject to the Applicant depositing the entire decretal amount. The learned Counsel for the Applicant Shri R.S. Kate submits that he is not pressing the Civil Application in terms of the prayers prayed for. However, he submits that this Court may extend the time to deposit the decretal amount which time was granted by the order dated 24th January 2008. Shri Kate further submits that the Applicant has already deposited an amount of Rs.1,37,000/- in the Trial Court. -:2:- 2. In my view, considering the fact that the Applicant has deposited an amount of Rs.1,37,000/-, the interest of justice would be served if extension of time is granted to the Applicant to deposit the balance of the decretal amount. The balance of the decretal amount, therefore, to be deposited by the Applicant within two months from date. 3. In the event, the amount is deposited as directed by this order and if there is no order permitting the Respondents to withdraw the amount, or if the Respondents are permitted to withdraw some part of it, the decretal amount or the balance remaining after such withdrawal, to be deposited in a fixed deposit of a Nationalised Bank by the concerned Court, initially for a period of three years and thereafter, to be renewed for such periods as the concerned Court deems it appropriate. 4. The Civil Application is accordingly disposed of. (R.M. (R.M. (R.M. SAVANT,J.) SAVANT,J.) SAVANT,J.)