1 CAF226.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.226 OF 2011 IN FIRST APPEAL NO.688 OF 2010 KJ City & Industrial Development Corporation Of ) Maharashtra Ltd., )..Applicant Vs. M/s.Baas Builders Consortium Engineers ) and Contractors )..Respondents ---- Mr.C.M.Lokesh i/by G.S.Hegde & Associates for the applicant. Mr.K.S.Dewal i/by Roshan S.Tanna for the respondents. ---- CORAM : A.M.KHANWILKAR & MRS.MRIDULA BHATKAR,JJ DATE : 28/3/2011. PC 1 By this application, the appeal is admitted in terms of order dated 28.6.2010. The applicant (CIDCO) prays for stay of operation of the judgment and decree passed against the 2 CAF226.11.sxw applicants by the lower court. It is not in dispute that the decree is a money decree. Interim relief as prayed can be granted only if the applicants were to deposit the decretal amount in this Court. Counsel for the applicants submits that the applicants would abide by such condition. In the circumstances, the application is made absolute in terms of prayer clause-5(a) on condition that the applicants shall deposit the entire decretal amount in this court within six weeks from today. It is made clear that if the amount is not deposited within the specified time, the interim relief shall stand vacated forthwith without further reference to the court and it will be open to the respondents to proceed against the applicants in accordance with law. 2 If the amount is deposited, the registry shall invest the same in appropriate fixed deposit scheme in a nationalised bank after waiting for a period of 4 weeks from the date of deposit to enable the respondents/applicants to take out application for permission to withdraw the amount. If no such application is filed, the registry shall forthwith invest the amount in appropriate fixed 3 CAF226.11.sxw deposit scheme which will be kept alive till the disposal of the appeal or till such other orders to be passed by the court. Application disposed of accordingly. (MRS.MRIDULA BHATKAR,J) (A.M.KHANWILKAR,J)