1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3511 OF 2008 IN FIRST APPEAL NO.222 OF 2008 M/s.Kinetic Motor Co. Ltd. Applicant versus M/s.Rolax Automotive and Electricals through its Proprietor Dev Arora Respondent Ms.K.R.Daviervala i/by Mulla & Mulla & CBC for applicant. Mr.R.C.Tripathi for respondent. CORAM : A.M.KHANWILKAR AND A.A.SAYED, JJ. DATE : 23rd June 2010 PC : 1. Heard counsel for the parties. It is not in dispute that the appeal is already admitted. The applicant has already deposited the decretal amount. In the circumstances, we have no hesitation in granting interim relief in terms of prayer clause 8(a) of the civil application which will enure during pendency of the appeal. 2. Insofar as the amount deposited by the applicant, the respondent- decree holder would be entitled to withdraw the same on furnishing commensurate bank guarantee to the satisfaction of the Executing Court. In addition, the respondent shall file an undertaking in this Court within 2 three weeks from today to the effect that in the event the Court so directs, the respondent will bring back the entire amount withdrawn by them along with interest, as may be indicated by the Court at the appropriate stage. Only on compliance of the above conditions, the respondent would be entitled to withdraw the amount. 3. If the respondent-decree holder fails to file an undertaking and furnish bank guarantee within four weeks from today, the Executing Court shall invest the amount in the appropriate fixed deposit scheme which will be continued till disposal of the appeal or till such further orders to be passed by this Court, whichever is earlier. The civil application is disposed of in the above terms. (A.A.SAYED, J.) (A.M.KHANWILKAR, J.) 3 mst FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.222 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms.K.R.Daviervala i/by Mulla & Mulla & CBC for appellant. Mr.R.C.Tripathi for respondent. CORAM : A.M.KHANWILKAR AND A.A.SAYED, JJ. DATE : 23rd June 2010 PC :- 1. The requirement of printing of paper-book is dispensed with on condition that the appellant shall file additional paper-book consisting of all the relevant pleadings, evidence and documents which were before the Lower Court and are likely to be relied upon by either side during the arguments. The documents to be filed shall be supported by an affidavit to the effect that the same were the part of record before the Lower Court. That be done within twelve weeks from today, failing which the appeal shall stand dismissed for non prosecution without further reference to the Court. As soon as the paper-book is filed, the appeal be proceeded, provided, there is no other office objection, and it be included in the final hearing list as per its turn. Filing of roznama is dispensed with as the same will be available in the original record at the time of hearing. (A.A.SAYED, J.) (A.M.KHANWILKAR, J.)