1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2258 OF 2010 IN FIRST APPEAL NO. 818 OF 2010 Padali-Padgaon Warana Sahakari Pani Pyrvatha Sanstha Maryadit, Padali ........Applicants versus Urunkar Cement Pipes Industries, Islampur & anr........Respondent. Mr. V.S. Kapse for the Applicants. Mr. Mandar Limaye adv. for the Respondent no.1. CORAM: B. R. GAVAI,J. DATED : 9th September, 2010. P.C.: 1. This is an application for staying the effect and operation of the judgment and decree dated 25-2-2010 passed by the learned trial court. 2. Mr. Kapse, learned counsel appearing on behalf of the applicant submits hat in pursuance of the order passed by this court dated 29th June 2010 the applicant has already deposited an amount of Rs. 4 lacs before the trial court. He submits that in so far as the remainder of the amount under the decree is concerned, there is no need to deposit the amount in as much as, the counter claim filed by the present applicant was rejected. He submits that the said order of rejection of the counter claim is also challenged 2 by way of appeal. He submits that in the event, the appeal challenging the order in counter claim and the present appeal are allowed, great hardships would be caused to the present applicant, which is a co-operative society. 3. The decree is in the nature of money decree. In that view of the matter the application is allowed in terms of prayer clause (a) subject to the condition that the applicant deposits the reminder of the amount under the decree within a period of six weeks from today. 4. In the event, the amount is deposited the non applicant/decree holder would be entitled to withdraw the entire amount on his furnishing solvent surety to the satisfaction of the learned trial court. C.A. is disposed of. (B. R. GAVAI, J.)