ssm sm sm 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 CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 2026 OF 2007 APPLICATION NO. 2026 OF 2007 APPLICATION NO. 2026 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO. 1186 OF APPEAL NO. 1186 OF APPEAL NO. 1186 OF 2003 2003 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.N.R.Bubna for the applicant. Mr. Madhav Jamdar for respondent Nos.1 and 2. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 24th July, 2007 : 24th July, 2007 : 24th July, 2007 P.C. P.C. P.C. 1. Considering the averments made and in view of the fact that as the decree of damage is in favour of the applicant, I am inclined to grant prayer clause (a) subject to security to the satisfaction of the trial court, with clear a understanding that in case the appeal is allowed, the applicant should refund that money with interest @ 9% p.a.. 2. Civil Application is disposed off. ( 2 ) [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]