1 36 caf.3613.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3613 OF 2011 IN FIRST APPEAL NO. 140 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Kiran Kulkarni for the Applicant. Mr. Rahul Motkari i/b Mr.Sandip R. Waghmare for the Respondent. CORAM : A.S.OKA, J. DATE : 02 nd September, 2011. P.C. . Heard the learned counsel appearing for the Applicant. 2 The Applicant is the original defendant and the Appellant in the first appeal. In a Summary Suit filed by the Respondent, a money decree has been passed against the Applicant. The grievance in the application is that after the appeal was dismissed for non-payment of Bhatta charges, the decretal amount has been withdrawn by the Respondent. 3 The prayer in the application is that the 2 36 caf.3613.11 Respondent be directed to re-deposit the decretal amount. 4 The Respondent is the successful plaintiff in a money suit. Admittedly, when the amount was withdrawn, there was no stay granted by this Court to the execution of the impugned decree. Hence, at this stage, the the order of re-deposit of the amount cannot be passed. It is, however, made clear that the withdrawal of the decretal amount by the Respondent will be subject to final outcome of the appeal and in the event, the Applicant succeeds in the appeal, the Respondent will have to restitute the amount with the appropriate rate in interest. 5 Subject to what is observed above, no relief can be granted. Hence, the application is rejected. [ A.S.OKA, J ]