1 IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO.16 OF 2011 in SECOND APPEAL NO.46 OF 2011 AND CIVIL APPLICATION NO.79 OF 2011 in SECOND APPEAL NO.45 OF 2011 SHRI. KRISHNA H. KAVLEKAR (SINCE DEC.) THROUGH LR'S AND 2 ORS. …. Applicants V/S SHRI PRADEEP H. KAVLEKAR AND ANR. …. Respondents Shri Sudin Usgaonkar, Advocate for the Applicants. Shri T.P. Pereira, Advocate for the Respondents. CORAM : F.M. REIS, J. DATE : 23rd NOVEMBER, 2011 P.C.: Heard Shri Sudin Usgaonkar, learned Counsel appearing for the applicants and Shri T.P. Pereira, learned Counsel appearing for the respondents. 2. The above civil applications are filed to stay the operation of the impugned decree dated 28/11/2008. Both the above appeals have been admitted by this Court. By the impugned decrees passed in Civil Suit No.14/98 and 121/98, the respondents have been held 2 to be entitled, inter alia, to a share in the profit of the partnership firm equal to that of the each of the appellants. 3. During the hearing of the above applications, the appellants were called upon to furnish copies of the balance sheets which were duly submitted to the learned Counsel appearing for the respondents. Learned Counsel appearing for the respondents disputes the correctness of the said statements and states that as per the profit and loss account and balance sheets a major amount of Rs.30,000/- is to be attributed as payable to each of the respondents. The learned Counsel further states that there are four business establishments and, as such, it cannot be accepted that the amount of profit could be a low amount. 4. On the other hand, Shri Usgaonkar, learned Counsel states that considering the nature of the business the accounts reflect the correct financial status of the business of the appellants. 5. Considering the facts and circumstances of the case and without going into the correctness of the accounts produced by the appellants, I find that the operation of the impugned judgment 3 passed by the learned Trial Judge is to be stayed subject to the appellants depositing in this Court a sum of Rs.30,000/- in each of the above appeals towards the part arrears and continue to deposit the sum of Rs.20,000/- p.a. in each of the above appeals until the disposal of the above appeals. The amount shall be deposited every year on or before 31st December of each year. The Registry is directed to invest the amount deposited in Fixed Deposit of any Nationalised Bank and such investment should be renewed from time to time until the disposal of the above Second Appeals. It is made clear that the amount directed to be deposited shall be without prejudice to the rights and contentions of the parties, and subject to the final orders passed in the Second Appeal. 6. The above application shall stand disposed off accordingly. F.M. REIS, J. NH/-