1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application No.7659/2007 in First Appeal No.881/2007 ( M/s. Prabhat Enterprises + 3 ..V/s.. Century Textiles and Industries Ltd.) ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. R.A. Gupta, counsel for the applicants. Coram : F.M.REIS, J.. Dated : 25th January 2010. Heard the learned counsel for the applicants and the respondent. This is an application for stay to the impugned judgment and decree dated 31/3/2007 whereby the respondents have been ordered to pay a sum of Rs.6,81,904/- along with further interest at the rate of 12 % per annum on the principal amount of Rs.4,39,433/- from the date of the suit till the realization of the amount to the plaintiff. The learned counsel for the applicants submits that according to the applicants the 2 goods for which the amount was ordered to be paid were not supplied by the respondents. It is further his contention that exorbitant rate of interest has been awarded i.e. 12 % per annum which according to the learned counsel was not contractual rate agreed between the parties. It is further his contention that the suit was not maintainable in view of the provisions of Order II Rule 2 of the Civil Procedure Code. The learned counsel for the respondent opposes the said application and submits that it being a money decree, there should be adequate security to be furnished by the applicants. Considering the facts and circumstances of the case, I find that the ends of justice would be met if the applicants are directed to deposit a sum of Rs.2,00,000/- in this Court in two installments i.e. the first installment of Rs.1,00,000/- within one month from today and second installment within three moths from today. As far as remaining decreetal amount is concerned, the applicants shall furnish a security to the satisfaction of Registry. Application stands disposed of accordingly. Judge. Tambaskar.