1 fa97 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.97 OF 2010 Malati Traders & anr. ...Appellants vs. Bank of Baroda ...Respondent Mr.Sachin Gite for the appellants None for the respondent CORAM : A.S.OKA,J. DATE : SEPTEMBER 30, 2011 P.C.: 1 Heard the learned counsel for the appellants and the learned counsel for the respondent. There is a money decree against the appellants in a suit filed by the respondent-bank. Money decree is in the sum of Rs.2,10,530/- with interest thereon at the rate of 9% per annum. 2 Only prayer made in this Appeal is that the appellants be granted concession to pay the decretal amount by 12 equal instalments. Undertaking of the appellants filed to that effect is taken on record and marked `X for identification. Request for grant of instalments is opposed by the respondent. 3 The appellants have offered to pay decretal amount. Therefore, instalments as prayed for deserve to be granted. However, appellants will have to pay the entire decretal amount. 2 fa97 4 Hence, I pass the following order : i) Impugned Judgment and Decree is confirmed with following modification : a)Decretal amount shall be payable by the appellants in 12 monthly instalments. b) First 11 instalments shall be in the sum of Rs.25,000/- each. Instalments shall be payable from October 2011 onwards on or before 15 th day of every calendar month. c)The Amount of instalment shall be deposited with the Trial Court with liberty to the respondent to withdraw the said amount. d) Last monthly instalment shall be of entire balance decretal amount then due and payable. e)In the event the appellants commit two consecutive defaults in deposit of the instalments, the decree shall become forthwith executable and it will be open for the respondent to execute the decree for recovery of entire balance amount. ii) Appeal is partly allowed on above terms with no order as to costs. iii)Civil Application no.212 of 2010 does not survive and the same is disposed of. JUDGE