caw2485.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLN. (W) NO.2485/2011 IN WRIT PETN. NO.3572/2011 Mahendra Dayabhai Kakkad -vs- Dilip Jayantilal Shah ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri S. Loney, counsel for the applicant. Shri Alaskpurkar, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : 21.09.2011. Heard Shri Loney, the learned counsel for the applicant and Shri Alaspurkar, the learned counsel for the respondent. It is not disputed by the petitioner in the execution proceedings that the petitioner was liable to pay a sum of Rupees Four Lakhs to the respondent towards the earnest amount and an objection was however raised in regard to the period for which the interest was payable at the rate of six per cent per annum. In this background, this Court directed the petitioner to deposit a sum of Rupees Three Lakhs in this Court as a sum of Rupees Ninety Five Thousand was according to the counsel for the petitioner, deposited in the executing Court. The petitioner was directed to deposit the sum of Rupees Three Lakhs within a period of two weeks from 22nd of August, 2011 and it was observed that in case the petitioner failed to deposit caw2485.11.odt 2/2 the same, the stay granted by this Court would automatically stand vacated. Since the petitioner had not deposited a sum of Rupees Three Lakhs within the time stipulated by the order dated 22nd of August, 2011, the petitioner applied for extension of time and this Court by an order dated 12th of September, 2011 partly allowed the Civil Application (W) No.2335/2011 and extended the time to deposit the amount of Rupees Three Lakhs by a period of one week. However, the amount of Rupees Three Lakhs have not been deposited though a period of one week had expired. Now the petitioner has filed yet another application seeking time of four weeks to deposit a sum of Rupees Two Lakhs and permission to deposit a sum of Rupees One Lakh today. The intention of the petitioner is clear. The petitioner does not wish to deposit the amount which is undisputedly payable by the petitioner to the respondent. In view of the order dated 12th of September, 2011, the petitioner cannot be granted any further extension and the stay granted by this Court on 29th of July, 2011 stands vacated. The prayer made in the civil application is rejected. The civil application is disposed of. The respondent is free to execute the decree against the petitioner. Stand over to 12th of October, 2011 for admission. JUDGE KHUNTE