1 mss NMA+3109 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3109 OF 2010 IN APPEAL NO. 1091 OF 2010 IN CHAMBER SUMMONS NO. 1058 OF 2009 IN EXECUTION APPL. (L) 382 OF 2009 IN ARBITRATION NO. 111 OF 2009 MOTHER INDIA LOGISTICS & MINERALS PVT. LTD. & ANR. .. .. APPELLANTS (Org.Defendant Nos.1 & 2) Vs. L & T FINANCE LTD. & ORS. .. .. RESPONDENTS Mr. Chetan Kapadia i/b K.A. Suryanarayanan for the appellants Ms. Shakuntala Joshi for respondents Mr. P. Y. Ladekar, Court Receiver present. CORAM: SMT. RANJANA DESAI & RANJIT MORE, JJ. DATED: 28/10/2010 P.C. This notice of motion is taken out by the appellants (Org. defendants 1 & 2) for stay of the impugned order dated 2/8/2010. The appellants are judgment debtors. The approximate liability of the 2 mss NMA+3109 appellants under the award is about Rs.3 Crores. As the appellants did not pay the decretal amount chamber summons was taken out by the 1st respondent-plaintiff, inter alia praying for arrest and detention of the 2nd appellant under Section 51 of the Code of Civil Procedure. By the impugned judgment and order learned Single Judge has granted the said prayer and hence this appeal is filed. 2. On 12/10/2010, we had directed the appellants to bring an amount of Rs.1 Crore to this court to show their bonafides as we were of the prima facie view that the appellants all along evaded payment. The appellants have not complied with our order. However, since the appeal raises a question of law, we have admitted the appeal. Counsel for the appellants submitted that since the appeal is admitted the appellants are entitled to stay of the impugned order. Counsel submitted that the impugned order is not a money decree and hence the principles underlying grant of stay of a money decree are not applicable to this case. Admittedly the award imposes a monetary liability on the appellants. The execution proceedings are taken out for execution of a money decree. The appellants are judgment debtors. The impugned order is an offshoot of a money decree. The appellants are, therefore, not entitled to a 3 mss NMA+3109 stay of the impugned order without depositing at least a part of the decretal amount. Hence, we direct that upon appellants depositing an amount of Rs.1 Crore in this court within a period of one month from today, the impugned order, so far as it directs arrest and detention of the 2nd appellant shall remain stayed during the pendency of the instant appeal. Pendency of the instant appeal shall, however, not prevent the Receiver from taking steps in execution, save and except arrest and detention of the 2nd appellant. 3. Needless to say that, if the amount as directed by us is not deposited within the time stipulated by us, the impugned order shall take effect. The appellants and the 1st respondent-plaintiff shall cooperate with the Receiver. 4. Notice of motion is disposed of. (SMT. RANJANA DESAI, J.) (RANJIT MORE, J.)