-1- 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.1411 OF 2004 APPLICATION NO.1411 OF 2004 APPLICATION NO.1411 OF 2004 IN IN IN SECOND SECOND SECOND APPEAL NO.252 OF 2007 APPEAL NO.252 OF 2007 APPEAL NO.252 OF 2007 Ashok Vasumal Hasija & Ors. ...Applicants vs. Babulal Ganesh Gujrati & Ors. ...Respondents Mr.R.N.Sanghavi for the Applicants Mr.P.B.Shah for Respondent No.1 CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 29,2008 : JANUARY 29,2008 : JANUARY 29,2008 P.C.: P.C.: P.C.: 1. Rule. Heard Advocate for the first Respondent. The statement of the Applicants that they will implement a part of the impugned decree has been already recorded while passing the order on the Second Appeal. In view of the statement, and in view of the deposit of a sum of Rs.1,50,000/- in this court by the Applicants, till the final disposal of the Appeal, execution and operation of the clause (ii) of paragraph 2 operative part of the decree of the Appellate Court will remain stayed till the final disposal of the Appeal. 2. A sum of Rs.1,50,000/- deposited by the Appellants will be invested in fixed deposit in any nationalised bank and the fixed deposit shall be renewed from time to time till the disposal of the Appeal. In the event of the Applicant not complying with the statement recorded in the order passed in the Second Appeal, it will be open for the Respondents to apply for vacating the interim order. -2- JUDGE JUDGE JUDGE