IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION NO.1 of 2006. APPLICATION NO.1 of 2006. APPLICATION NO.1 of 2006. IN IN IN SECOND SECOND SECOND APPEAL NO.1 OF 2006. APPEAL NO.1 OF 2006. APPEAL NO.1 OF 2006. The Managing Director, Shri Laxmi Mahila Sahakari Bank Ltd. ... Applicant. Versus. The Chief Officer, Miraj Nagar Parishad, Miraj. ... Respondent. Shri Umesh Mankapure with Shri R.V.More for the Applicant. Shri N.V.Walavalkar, Senior Advocate i/by Shri G.H.Keluskar for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 24th MARCH, 2006. : 24th MARCH, 2006. : 24th MARCH, 2006. P.C.: P.C.: P.C.: 1, Rule. The Respondent waives service. Taken up for hearing forthwith. 2. The Second Appeal has been admitted for final hearing. The decree impugned is a money decree and it cannot be stayed unless the entire amount is deposited by the Applicant. This is not a one of those cases where the deposit of the amount can be dispensed with. Accordingly the following order is passed: i) There will be interim relief in terms of prayer clause (a) subject to condition that the Applicant will deposit in the trial Court the entire amount due and payable under the money decree passed by the trial Court within a period : 2 : of 8 weeks from today. If the amount is not deposited, the interim relief granted will stand vacated without reference to the Court. ii) If the amount is deposited, the trial Court will permit the Respondent to withdraw the said amount subject to filing undertaking that the amount will be brought back with appropriate interest, if the Appellant succeeds in the Appeal. Judge. Judge. Judge.