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 APPELLATE JURISDICTION C.A.No.2329 of 2008 in F.A.St.No.10412 of 2008 With First Appeal St. No.10412 of 2008 Nareshkumar R.Gupta. ..Applicant. Vs. Ashram Begum Ahmed Ali Khan and ors. ..Respondents. Mr.D.R. Manon i/by R.A.Yadav for the Applicant. Mr. Prabhu for the Respondents. CORAM : R.S. MOHITE, J. DATE : 28th April,2008. P.C. P.C. P.C. 1. This is an application for condonation of 416 days delay in filing the first appeal. On perusal of the application, I find that the impugned award was passed on 31.1.2007. It is contended that the applicant suffered an accident immediately thereafter and was in coma. It is also contended that he is still in coma and therefore, civil application is filed by his wife. The factum of accident is not disputed. Hence, for the reasons stated in the application, delay condoned. Office to register the appeal. FIRST APPEAL STAMP NO,.10412 OF 2008 1. Heard Advocate for the Appellant. 2. Admit. (R. S. MOHITE, J.) 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 APPELLATE JURISDICTION Civil Application No.2330 of 2008 in First Appeal St. No.10412 of 2008 Nareshkumar R.Gupta. ..Applicant. Vs. Ashram Begum Ahmed Ali Khan and ors. ..Respondents. Mr.D.R. Manon i/by R.A.Yadav for the Applicant. Mr. Prabhu for the Respondents. CORAM : R.S. MOHITE, J. DATE : 28th April,2008. P.C. P.C. P.C. 1. It appears that for recovery of the awarded amount partnership shop of Durga Refrigeration Company has been sealed on 9.4.2008. The record indicates that the first appeal was filed after substantial period of 416 days. This being the position, normally no stay can be granted unless the awarded amount is deposited. In my view, therefore, attachment and sealing cannot be raised till the full awarded amount is deposited in the court. The respondents are therefore, directed to deposit the awarded amount in this court within a period of 12-weeks from today. Liberty to the respondents to apply for withdrawal of the said amount in case the same is deposited. It is made clear that the sealed shop should not be auctioned for recovery of the awarded amount within a period of 12 weeks from today to enable the applicant to comply with the order of this court. (R. S. MOHITE, J.)