1 C.A.No. 8430 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.8430 OF 2010 IN FIRST APPEAL ST NO.13633 OF 2010 Shalimar Industries Ltd., through Authorised Director ..APPLICANT VERSUS Vaman Poles Pvt. Ltd., through Director ..RESPONDENT Mr L.D. Vakil, Advocate for the applicant; Mr L.V. Sangit, Advocate for the respondent CORAM : MRS MRIDULA BHATKAR, J. DATE : 12th October, 2011 PER COURT : By this application the applicant seeks stay to the execution of the judgment and decree, dated 19.12.2009 passed by the 5th Joint Civil Judge Senior Division, Aurangabad in R.C.S. No.270 of 1999. The respondent has filed a suit for recovery of the amount of Rs.5,21,145/- towards the commission from the appellant. The suit is decreed fully and the defendant/appellant is directed to pay the entire principal amount with interest at the rate of 12% per annum from the date of filing of the suit, i.e. 8.10.1999. Learned Counsel for the appellant submits that the appellant has already deposited amount of Rs.2,50,000/- in the Trial Court and is 2 C.A.No. 8430 of 2010 ready to deposit remaining amount of the principal amount in this Court. Learned Counsel for the respondent submits that the amount of the interest at the rate of 12% per annum comes to more than Rs.5,00,000/- and the appellant is to be directed to deposit the same. 2. The appellant is directed to deposit the difference of the remaining principal amount + the amount of the interest at the rate of 12% per annum from the date of the judgment and decree, i.e. from 19.12.2009, within ten weeks from today. On this condition, application for stay is allowed in terms of prayer clause (A). If the amount is not deposited within ten weeks from today, stay will be vacated forthwith, without further reference to the Court. ( MRS MRIDULA BHATKAR, J.) amj/ca8430.10