1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10005 OF 2010 IN FIRST APPEAL NO.4301 OF 2008 M/s. Dhanashree Constructions through its Managing Partner, Mr. Mohan s/o Kashinathrao Kale, Age: 48 years, Occ: Contractorship, R/o. House No.309, Rangar Chowk, Georai, Tq. Georai, Dist. Beed. ...APPLICANT VERSUS The State of Maharashtra, through the Secretary, Public Works Department, Mantralaya, Mumbai & Anr. ...RESPONDENTS ... Shri. J.N. Singh, Advocate for applicant. Shri. V.D. Rakh, A.G.P. for respondents. .... CORAM: NARESH H. PATIL & K.K. TATED, JJ. DATE : 28TH SEPTEMBER, 2010. PER COURT : 1. Heard learned Counsel for the parties. 2 2. Present Civil Application is preferred by the applicant - original plaintiff for vacating interim order dated 12-01-2009 passed by this Court (Coram : P.V. Hardas & P.R. Borkar, JJ.) in Civil Application No. 9882 of 2008, on the ground that the respondents - original defendants - State of Maharashtra failed to comply order dated 12-01-2009. 3. Shri. J.N. Singh, learned Counsel appearing on behalf of the applicant submits that the respondents failed to deposit the decretal amount as per order dated 12-01-2009. He submits that the trial Court passed order on 24-03-2008 directing the respondents to pay the amount of Rs.21,18,833/- ( Rs. Twenty one lacs eighteen thousand eight hundred thirty three only )with future interest at the rate of 9% per annum from the date of suit till realisation of entire amount. He submits that the respondents deposited a sum of Rs.20,31,000/- (Rs. Twenty lacs thirty one thousand only ) on 22-01-2010 and the amount 3 of Rs.87,833/- (Rs. Eighty seven thousand eight hundred thirty three only ) on 17-04-2010. He submits that as per order passed by this Court on 12-01-2009, the respondent - State is liable to deposit further sum of Rs.9,45,796/- (Rs. Nine lacs forty five thousand seven hundred ninety six only ) as on 18-08-2010. He submits that as the respondent - State failed to deposit the entire decretal amount, interim order passed by this Court on 12-01-2009 be vacated. 4. Shri. V.D. Rakh, learned A.G.P. appearing on behalf of the respondents submits that the applicant is not entitled to claim interest on interest and therefore, they are not liable to pay future interest on sum of Rs.7,52,813/- (Rs. Seven lacs fifty two thousand eight hundred thirteen only ) as calculated by the trial Court in Para-14 of the judgment. 5. The issue, whether the applicant is entitled to the interest disputed by the respondents, it 4 being interest on interest, can be decided at the time of final hearing of the First Appeal. As per order dated 12-01-2009 the respondents are liable to deposit the entire amount. As they deposited sum of Rs.20,31,000/- (Rs. Twenty lacs thirty one thousand only ) on 22-01-2010, we direct the respondents to calculate the decretal amount alongwith interest till 22-01-2010 and deposit the same in this Court within twelve weeks from today. 6. Registry is directed to invest the said amount in any Nationalized Bank initially for a period of three years with renewal clause till hearing and final disposal of the First Appeal. 7. With these directions, Civil Application is disposed of. [K.K. TATED, J.] [NARESH H. PATIL, J.] SUT/SEP10/ca-10005.10