IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3211 OF 2006 CIVIL APPLICATION NO. 3211 OF 2006 CIVIL APPLICATION NO. 3211 OF 2006 IN IN IN FIRST APPEAL NO. 1658 OF 2006 FIRST APPEAL NO. 1658 OF 2006 FIRST APPEAL NO. 1658 OF 2006 M/s.Shruti Builders & Ors. ...Applicants V/s. Shri Pawan @ Pawankumar A. Agarwal & Ors...Respondents Mr.K.G. Parmar for the Applicants. Mr.V.M. Pendre i/b. Mr.A.A. Joshi for Respondent No.1. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : JANUARY 17, 2008 DATED : JANUARY 17, 2008 DATED : JANUARY 17, 2008 P.C. :- P.C. :- P.C. :- 1. This civil application is taken out by the appellant for stay of the execution of the decree impugned in the appeal. It is obvious from the record that the appellant has already deposited an amount of Rs.5 lakhs in this Court. 2. The learned Counsel appearing for the appellant states that within eight weeks, even the amount of interest will be deposited in this Court. 3. In this view of the matter, therefore, following order would meet the ends of justice :- - 2 - (a) Civil Application is granted in terms of prayer clause (a) subject to the condition that within a period of eight weeks from today, the appellant shall deposit the balance decretal amount in this Court with due intimation to the respondent. (b) The Registrar General shall permit the respondent to withdraw the amount of Rs.5 lakhs which is already deposited by the appellant on furnishing Bank Guarantee of a Nationalised Bank to the satisfaction of the Registrar General and filing an undertaking in this Court undertaking to this Court to redeposit the amount, if so directed by this Court, on such terms and conditions that may be directed by this Court. (c) The balance amount on being deposited, it shall be permitted to be withdrawn on the same terms and conditions as indicated above. - 3 - (d) The amount of Rs.5 lakhs shall be permitted to be withdrawn within a period of six weeks from today. If the amount is not withdrawn within that period, it shall be invested in Fixed Deposit in a Nationalised Bank to the credit of the appeal. (e) Balance decretal amount shall also be permitted to be withdrawn within six weeks from the date of deposit. If not withdrawn, it shall also be invested to the credit of appeal in a Nationalised Bank during the pendency of the appeal. 4. Civil Application is disposed of. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)