1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application F No.966 of 2011 in First Appeal No. 331 of 2011. Vidyanand s/o Balkrushna Ogale. VERSUS Nilkanth s/o Baliram Sawarkar. Office Notes, Office Memoranda of Coram, appearances, Court's or Judge's orders Court's orders of directions and Registrar's orders Mr. Anand Parchure, Adv. for appellant. Mr. P.N. Kothari for Respondent sole. CORAM : A.B. CHAUDHARI, J. DATE : 28.6. 2011 . Heard. Mr. Kothari has opposed this application for stay when the matter has come up for confirmation or otherwise on the question of stay. The trial court passed a decree awarding damages in favour of the respondent/plaintiff for malicious prosecution etc. This court being satisfied ad-interim stay was granted initially. When the matter has come up for confirmation or otherwise of stay, having heard the learned counsel of rival parties, I find that the decree for damages though in the nature of money decree it has not been passed out of any transaction much less business transaction. It is a decree for damages in a suit for malicious prosecution and prima facie this court finds that the appellant has prima facie good case on merits and therefore, this court is not inclined to accept the statement 2 made by Mr. Kothari to ask the appellant to deposit the entire amount under decree in this court. However, to protect the interest of other side, the stay application is disposed of with the following order. Stay is confirmed subject to the appellant furnishing security to the satisfaction of the Registrar (Judicial) of this court within a period of 10 weeks from today with usual affidavit and undertaking. Civil application is disposed of. Hearing expedited. JUDGE Hirekhan