1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR WRIT PETITION NO.1870/2008 Mayabai w/o Mahadeo Wandre ...Versus... Ramrao Kisan Chouke -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri S.I. Khan, Adv. for petitioner] [Shri R.S. Charpe, Adv. for respondent] CORAM:- A.B. CHAUDHARI, J. DATED :- 26.06.2008 Heard learned Counsel for the rival parties. An order made by the trial Court on 3.4.2008, pursuant to order dated 22.10.2007, staying the execution proceedings upon the petitioner depositing Rs.1,00,000/- till hearing and disposal of the suit, is under challenge in the present writ petition. There was compromise between the parties to the present litigation before the Lok-Adalat and according to the respondent, the petitioner agreed to pay 2 an amount of Rs.92,000/- with interest to the respondent. Accordingly, award was passed by the Lok-Adalat. Thereafter, the petitioner filed civil suit, claiming that the said award made by the Lok-Adalat was vitiated by fraud. In the said pending suit, the impugned order came to be passed. Learned Counsel for the petitioner submits that in view of the decision of the Supreme Court in the case of Sihor Nagar Palika Bureau...Versus...Bhabhlubhai Virabhai and Co., reported in 2005 (4) Supreme Court Cases 1, the trial Court ought to have ordered to furnish security rather than asking the petitioner to deposit the amount. Per contra, Advocate Shri Charpe for the respondent opposed the writ petition and argued that in fact the petitioner had prepared demand draft dated 5.9.2005 Annexure – 8 for Rs.91,000/-, payable to respondent, but then she changed her mind and filed the said civil suit, claiming that the award was vitiated by fraud. Having heard Counsel for the respective parties, in my opinion, the trial Court cannot be said to have gone wrong in ordering the petitioner to deposit the amount of Rs.1,00,000/- since the award made by Lok-Adalat is not yet set aside. Secondly, the Court has 3 balanced the equities which it is entitled to do in order to safeguard the interest of both the parties pending decision of a litigation. As can be seen the trial Court has not permitted the respondent to withdraw that amount, if deposited. Therefore, the interest of the petitioner is well protected. In view of this, I do not find any substance in the present writ petition. The same is, therefore, dismissed. However, if the petitioner deposits the amount of Rs.1,00,000/- in the trial Court, the same shall be invested in any nationalized Bank till the decision of the suit. Writ Petition is disposed of. No order as to costs. JUDGE ssw