1 17 caf.3210.09 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3210 OF 2009 IN FIRST APPEAL NO. 1162 OF 2009 N.A.Sangaonkar Partnership Firm Through Partner A. Shri Narayan Appaji Sangaonkar and others. ... Appellants Versus Maharashtra Krishna Khore Vikas Mandal. ... Respondent ----- Mr. Sameer S. Tambekar for the Applicants. Mr. Vijay D. Patil for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 22 nd June, 2011. P.C. 1 Heard the learned counsel appearing for the Applicants. 2 The Applicants are the defendants in a suit filed by the Respondent. There is a money decree passed against the Applicants. The learned counsel appearing for the Applicants has placed reliance on the documents annexed to Civil Application No.1405 of 2011, which is an application for leading additional evidence. The learned counsel relied 2 17 caf.3210.09 upon certain judgments in suits filed by the Applicants against the Respondent. 3 However, perusal of the aforesaid judgments show that there is no decree passed against the Respondent in any quantified amount. 4 Therefore, as a condition for grant of stay, the Applicants will have to deposit the entire decretal amount. In paragraph No.5 of the reply tendered today, the Respondent has stated thus: “5. I further say and submit that at the most, the Applicants can be benefitted by getting set off of the work done Deposit amounts of Rs.5,16,106/- lying with our office. I say that the said amount is not repaid by the office as the Applicants did not pay compensation to the Claimants in the accident caused due to blasting, as per the order of Civil Court. Therefore, the said amount was required to be paid by the office of present Respondent.” 5 In view of what is stated in paragraph No.5 of the reply tendered today, the Applicants will have to deposit the entire decretal amount payable as of today after deducting a sum of Rs.5,16,106/-. 3 17 caf.3210.09 6 Hence, the civil application is disposed of by passing the following order: i. There will be interim relief in terms of prayer clause (b) subject to condition of the Applicants depositing with the trial Court the entire decretal amount payable as of today within a period of four months from today. ii. While depositing the decretal amount, the Applicants will be entitled to adjustment of a sum of Rs.5,16,106/-. iii. It is made clear that this order is without prejudice to the rights and contentions of both the parties in the appeal. iv. If the amount as aforesaid is not deposited within the stipulated time, the stall will stand vacated without further reference to the Court. v. As and when the amount is deposited, the trial Court will permit the Respondent to withdraw the said amount on furnishing adequate security for the said amount to the satisfaction of the trial Court ; vi. The Applicants will be heard before accepting the security. [ A.S.OKA, J ]