ash 1 caf-899.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.899 OF 2010 IN FIRST APPEAL NO.424 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri S.M. Dange for the Applicant. Shri H.Kumar Vidyanathan for Respondent No.1. -- CORAM : A.S.OKA, J. DATE : 9TH SEPTEMBER, 2011 P.C.: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the first Respondent. 2. Considering the issue involved in the Appeal, stay deserves to be granted with modification that it will be open for the first Respondent to execute the impugned order against the opposite party M/s. Creeps Construction Private Limited. In the event, the first Respondent is unable to recover any amount from the said Company, a remedy will have to be reserved to the ash 2 caf-899.10 first Respondent to apply for permission to withdraw the amount deposited by the Applicant after furnishing adequate security for the said amount. 3. Hence, I pass the following order: ORDER : (i) There will be interim relief in terms of prayer clause (a) with modification that the stay will operate only for the benefit of the Applicant and it will be open for the first Respondent to execute the impugned judgment and order against the said M/s Creeps Construction Private Limited. (ii) In the event the first Respondent is unable to recover any amount from the said Company in the execution, it will be open for the first Respondent to apply to this Court for grant of permission to withdraw the compensation amount deposited by the Applicant on furnishing adequate security. (iii) The Application is disposed of on above terms. (A.S.OKA, J)