IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1399 OF 2005. APPLICATION NO.1399 OF 2005. APPLICATION NO.1399 OF 2005. IN IN IN SECOND SECOND SECOND APPEAL NO.478 OF 2006. APPEAL NO.478 OF 2006. APPEAL NO.478 OF 2006. Shri Abhay Mulchand Picha ...Applicant Versus. M/s.Chandrakant Hastimal Mutha ...Respondent Shri Madhav J. Jamdar for the Applicant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. 27th 27th 27th February, 2008. February, 2008. February, 2008. P.C.: P.C.: P.C.: 1. Heard advocate appearing for the applicant. The applicant is the original defendant against whom the trial Court passed a money decree in the sum of Rs.52,400/- with interest thereon at the rate of 12% per annum. The Appellate Court modified the decree by reducing the amount to Rs.40,000/- and reducing the interest at 9% per annum. 2. The submission by the advocate for applicant that stay of execution of decree may be granted subject to furnishing security for the said decretal amount cannot be accepted in view of the findings of fact recorded by the courts below. 3. Hence, Civil Application is disposed of by passing following order: : 2 : 2 : 2 : (i) There will be interim relief in terms of prayer clause (a) subject to condition of the applicant depositing the entire decretal amount with the trial Court within a period of 12 weeks from today. If the amount is not deposited within the stipulated time, stay will stand vacated without further reference to the Court. (ii) If the amount is deposited, the trial Court will invest the amount in fixed deposit with any nationalised bank and fixed deposit shall be renewed from time to time till the disposal of the appeal. (iii) There will be no orders as to costs. Judge. Judge. Judge.