1 caf2305 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2305 OF 2010 IN FIRST APPEAL NO.2416 OF 2007 Bank of India ...Applicant vs. Krushnavatar Madan ...Respondent Mr.A.S.Kamat i/b Mr.V.Deshpande & Co. for the applicant Mr.Girish Godbole for the respondent CORAM : A.S.OKA,J. DATE : MARCH 4,2011 P.C.: 1 Heard learned counsel for the applicant. In a suit filed by the respondent, money decree was passed against the applicant. An application under Rule 13 of Order IX of the Code of Civil Procedure,1908 was made by the applicant for setting aside the exparte decree. By order dated 30th January 2003, pending the said application, stay of execution of the decree was passed subject to the applicant depositing a sum of Rs.6,15,777/-. Accordingly, the amount was deposited by the applicant. It appears that the exparte decree was set aside. Exhibit-C to this application shows that on 24th February 2003, the learned trial Judge passed an order permitting the respondent to withdraw the said amount on furnishing solvent surety for the same and on submission of his undertaking to redeposit the said amount in the Court if asked to do so by the Court. Thereafter, as a consequence of subsequent dismissal of the suit by the impugned decree, the applicant filed an execution application for recovery of the said amount. The Executing Court passed an order keeping the said 2 caf2305 application pending as the First Appeal is pending.The prayer in this application is for direction to the respondent to redeposit the said amount. 2 After having heard the learned counsel for the applicant, I find that the execution application being Special Darkhast no.131 of 2008 filed by the applicant was misconceived. Therefore, it is not necessary to issue any clarification as regards the order passed by the trial Court on the said execution application. The relief prayed for in this application cannot be granted by this Court in the pending Appeal. It is for the applicant to adopt appropriate remedy in that behalf. Application is disposed of by keeping the remedy open. All the contentions of the parties are kept open. JUDGE