0102caf36.10.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAF NO. 36/2010 IN FIRST APPEAL NO. 1 OF 2010 (Anwar Ahmed Mohd, Abdul Vs. Mrs. Annie Shaji Vergese) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order C ORAM : F. M. REIS, J. DATED : 01st February, 2010. 1. Heard Mr. B. N. Mohta, learned Counsel for the applicant/appellant and Mr. Shyam Dewani, learned Counsel for the non-applicant/respondent. 2. This is an application for stay of the impugned judgment and decree dated 12/8/2009 whereby the appellant has been ordered and decreed to pay to the respondent a sum of Rs. 2,23,734/- with interest @ Rs.24% per annum from the date of institution of the suit till realization. 3. The learned Counsel for the appellant submitted that there is no legal evidence to substantiate the claim of the respondent. He further submitted that the interest awarded is exorbitant. On the other hand, the learned Counsel for the respondent disputed the contentions of the learned Counsel and submitted that 0102caf36.10.odt 2/2 there was enough evidence on record to direct the appellant to pay the amount as decreed by the learned trial Judge. 4. In the facts and circumstances of the case, the effect and operation of the impugned judgment dated 12/8/2009 is stayed subject to the following conditions. i) The appellant shall deposit a sum of Rs. 1,50,000/- (rupees one lac fifty thousand only) in this Court within a period of six weeks from today. ii) For the balance decretal amount, the appellant shall furnish solvent security to the satisfaction of the Registry. iii) Liberty is given to the respondent to file application for withdrawal, in case he so desire and such an application shall be decided in accordance with law. Civil application stands disposed of accordingly. JUDGE wwl