Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 47 OF 2008 IN NOTICE NO. 22 OF 2008 M/s. Patel Corporation Ltd. & anr. ...Judgment Debtor v/s. Ramnik Pasu Gala ...Judgment Creditor Mr. N.C.Parikh i/b. Mansukhlal Hiralal for Judgment Creditor. Mr. Tushar Goradia for Judgement Debtor. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 12th November, 2008 : 12th November, 2008 : 12th November, 2008 P.C. . Heard Counsel for the parties. It is not in dispute that the applicant Debtor has not preferred appeal against the decree passed in favour of the petitioner Creditor. It is also common ground that only one of the defendant has chosen to file appeal against the said decree. The fact that in the said appeal, stay of the decree has been granted at the instance of the said defendant cannot enure to the benefit of the present applicant. The applicant as aforesaid has not chosen to challenge the decree passed against the applicant which also operates against the applicant. The liability of the applicant under the said decree is joint and several. It necessarily follows that the applicant is not in a position to pay his debts for which reason it is not possible to accede to the request 2 of the applicant made in this motion. The assurance given by the applicant that he will deposit sum of only Rs. 20 lacs does not help the applicant as that would not take care of the entire decretal amount which decree as aforesaid has been allowed to become final by the applicant. Indeed, the offer made by the applicant to pay sum of Rs. 20 lacs was on the basis that the decree be treated as marked satisfied by the applicant. That is not acceptable to the petitioning creditor. Unless the parties were to agree for that arrangement, it is not open for this Court to accede to the offer made by the applicant. Accordingly, this motion fails, the same is dismissed. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]