-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.6639 OF 2007 APPLICATION NO.6639 OF 2007 APPLICATION NO.6639 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.2703 OF 2007 APPEAL NO.2703 OF 2007 APPEAL NO.2703 OF 2007 ............................................................. ............................................................. ............................................................. 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. ............................................................. ............................................................. ............................................................. Ms Geeta Mulekar A.G.P. for State Mr.Ajit Shah i/b M/s.ALMT Legal for Respondent No.1 CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : DECEMBER 19,2007. : DECEMBER 19,2007. : DECEMBER 19,2007. P.C.: P.C.: P.C.: 1. Rule. The Advocate for the Respondent No.1 waives service. For the purpose of this Civil Application notice to the second Respondent is dispensed with. 2. In so far as clause (2) of the operative part of the decree is concerned, same grants declaration and injunction. Therefore, execution and operation of the said clause No.(2) cannot be stayed. In so far as clause (3) of the operative part of the decree is concerned, the same can be stayed subject to Applicant depositing entire decretal amount with the trial -2- court. Hence, Application is disposed of by passing following order : i) Execution and operation of clause (3) of the operative part of the decree will remain stayed till the final disposal of the Appeal subject to condition of the Applicant depositing entire decretal amount with the trial court within a period of 12 weeks from today. If the amount is not deposited, interim relief will stand vacated without further reference to the court. ii) If the amount is deposited, the trial court will permit the original plaintiffs to withdraw the said amount subject to furnishing the bank guarantee for the said amount. The Applicants will be heard before accepting the bank guarantee. There will be no order as to costs. JUDGE JUDGE JUDGE