1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAF No. 588/2011 in First Appeal No.1311/2009 Ghanshyamdas Tolaramji Daga Vs. Shri prem Ramjidas Kohli. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. Jetha, Advocate for the appellant. Mr. Dangre, Advocate for the respondent. CORAM : R.M. SAVANT, J. DATED :4/3/2011 By the above civil application, the applicant seeks to deposit 50% of the decretal amount in terms of the orders dated 27.1.2010. Insofar as the deposit of the amount is concerned, the matter has had a chequered history. By an order dated 27.1.2010 passed by this Court the applicant was granted stay on the condition that he would deposit 50% of the decretal amount within one month of the said order. The said order was not complied with. Thereafter when the matter came up on 17th March, 2010 the learned counsel for the applicant/appellant made a categorical statement that the applicant/appellant is not in a position to deposit 50% amount as directed by this Court. In view thereof 2 this Court granted liberty to the respondent/decree holder to execute the decree. The execution proceedings which were kept suspended were thereafter set in motion by the decree holder and now are at the stage where the appellant's property is put for auction sale. It is at the said stage that the instant civil application has been filed. It is pertinent to note that right from 17th March 2010 till 28th February 2011 when the above civil application was filed, no steps have been taken to see that the orders passed by this Court are complied with, no application was filed seeking extension of time etc. It is required to be noted that the facts disclose, that the applicant/appellant is only interested in protracting the recovery of the decretal amount by stalling the recovery proceedings. This cannot be countenanced. The learned counsel for the applicant/appellant states that the applicant/appellant would deposit the decretal amount of Rs. Four lakhs in this Court within one week from date. In the light of the aforesaid facts, it would be just and proper to impose costs of Rs. 10,000/- on the applicant/appellant for causing inconvenience to the 3 respondent/decree holder. The civil application is therefore allowed by permitting the applicant to deposit Rs. Four lakhs within a period of one week from date latest by 11th March 2011 by 4.30 p. m. The interim stay would operate only if the said amount as also the costs are deposited by the aforesaid time. It is clarified that the interim stay would operate only if the decretal amount and the costs are deposited in this Court by the applicant/appellant by the time stipulated in this order. Further steps in the proceedings are suspended till 15th March, 2011. JUDGE Ambulkar