-1- 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 FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.4282 OF 2005 APPLICATION NO.4282 OF 2005 APPLICATION NO.4282 OF 2005 IN IN IN FIRST FIRST FIRST APPEAL NO.1819 OF 2005 APPEAL NO.1819 OF 2005 APPEAL NO.1819 OF 2005 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr.P.M.Gore for the Applicant Mr.A.R.S. Baxi for the Respondent. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 14, 2008 : FEBRUARY 14, 2008 : FEBRUARY 14, 2008 P.C.: P.C.: P.C.: 1. Heard Advocates for the parties. The Applicant has already deposited a sum of Rs.1,25,000/- with the trial court in terms of ad-interim order. Considering the facts and circumstances of the case, he will have to deposit further amount of Rs.2,75,000/- as a condition for grant of stay. 2. Civil Application is disposed of by passing the following order : i) There will be interim relief in terms of prayer clause (a) subject to condition of the Applicant depositing a sum of -2- Rs.2,75,000/- with the trial court within a period of eight weeks from today. If compliance is not made, stay will stand vacated without further reference to the court. ii) If compliance is made, the trial court will permit the Respondent to withdraw the said amount along with the sum of Rs.1,25,000/- subject to filing an undertaking to re-deposit the said amount in this court with appropriate rate of interest in case the Applicant succeeds in the Appeal. There will be no order as to costs. JUDGE JUDGE JUDGE