1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5351 OF 2008 IN FIRST APPEAL NO. 2065 OF 2008 M/s. Prime Construction & Ors. ... ... Applicants. Versus Mrs. Suvasini Satyanarayan Narisetti. ... ... Respondent. Mr. Ketan Parekh i/by M/s. K. R. Parekh & Co. for the Applicants. Mr. K.K. Malpathak for the Respondent. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 11TH JUNE, 2010. P. C.: Heard learned Counsel for the parties. 2. Having regard to the fact that the decree which is impugned in the appeal before us is a money decree, we have no option but to direct the applicants/appellants to deposit the entire decretal amount forthwith. However, learned Counsel for the appellants/applicants submits that the appellants/applicants are not in a position to pay the amount immediately. We may notice that the impugned decree has been passed as back as on 20th June, 2008. As a matter of fact we are surprised that the applicants/appellants have succeeded so far in not depositing the decretal amount inspite of the decree being a money decree. 2 3. In the circumstances, however, by way of indulgence we grant six weeks time to the appellants/applicants to deposit the entire decretal amount in the trial court and produce receipt in that behalf in the registry within the same time, failing which the application shall stand dismissed for non-prosecution without further reference to the Court. 4. However, if the appellants/applicants are able to deposit the entire decretal amount in the trial court within the specified time, it will be open to the respondent to withdraw the said amount upon giving security for the commensurate amount and also filing undertaking in this Court to the effect that in the event the appellants succeed, the respondent would bring back the entire amount withdrawn by her along with interest as may be ordered by the Court. Only after furnishing such undertaking in this Court and also offering solvent surety to the satisfaction of the trial court, the respondent will be entitled to withdraw the amount to be deposited by the appellants/applicants. 5. Upon appellants/applicants complying with the above, there will be stay of the execution of the decree till the hearing of the appeal. On failure, this order shall stand recalled and the civil application shall stand dismissed for non- prosecution without reference to the Court. 3 6. Civil application is disposed of on the above terms. 7. In so far as the appeal is concerned, printing of appeal paper book is dispensed with on condition that the Appellants shall file private paper-book consisting of all the relevant pleadings, evidence and documents which were before the Lower Court and are likely to be relied upon by either side during the arguments. That be done within twelve weeks from today, failing which the appeal shall stand dismissed for non-prosecution without further reference to the Court. The documents to be filed shall be supported by affidavit to the effect that the same were the part of record before the lower court. As soon as the private paper-book is filed, the Appeal be proceeded, provided, there is no other office objection, and it be included in the final hearing list as per its turn. Sd/ Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)