1 26 caf.1685.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1685 OF 2011 IN FIRST APPEAL NO. 3174 OF 2006 Anjum Parveez Patel. ... Applicant Versus Union Bank of India. ... Respondent ----- Mr. Venkatesh A. Shastry for the Applicant. Mr. Shailesh Chavan i/b J.S.Shekhar and Company for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 21 st July, 2011. P.C. . Heard the learned counsel appearing for the parties. 2 On 15 th January, 2007, this Court disposed of the application for stay filed by the Respondent. The relevant part of the said order read thus: “1. Rule. Shri Mujmudar waives service for the Respondent. The impugned decree is a money decree and therefore unconditional stay cannot be granted. Considering the facts and circumstances of the case, Civil Application is disposed of by passing the following order: i) There will be interim relief in terms of prayer clause 2 26 caf.1685.11 (b) subject to the condition of the Applicant depositing entire decretal amount with the Trial Court within twelve weeks from today. ii) If the amount is not deposited within time, stay granted will stand vacated without further reference to the court.” 3 The contention of the Applicant is that the entire decretal amount has not been deposited by the Respondent. 4 The order is self operative. If the entire decretal amount has not been deposited by the Appellant within the stipulated time, the stay will stand vacated. 5 It is for the trial Court / Executing Court to ascertain whether the compliance of the said order dated 15 th January, 2007 was made by the Appellant. If the trial Court finds that compliance of the said order has not been made by the Appellant, the consequences provided in the said order will follow. 6 Subject to what is observed above, the application is disposed of. [ A.S.OKA, J ]