1 26 caf.4507.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4507 OF 2010 IN FIRST APPEAL NO. 1795 OF 2010 J.B. Enterprises Vs. Sudarshan Textiles and anr Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. R.S.Alange for the Applicant. Mr. B.G.Vaidya for Respondent No.1. CORAM : A.S.OKA, J. DATE : 25 th April, 2011. P.C. 1 It appears that there is no amicable settlement between the parties. 2 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for Respondent No.1. 3 There is money decree passed against the Applicant. There is no reason to make a departure from the usual rule of directing the Applicant to deposit the decretal amount as a condition for grant of stay of the execution of a money decree especially when the decree 2 26 caf.4507.10 arises out of a commercial transaction. 4 Hence, the application is disposed of by passing the following order: i. There will be interim relief in terms of prayer clause (b) subject to condition of the Applicant depositing with the trial Court the entire decretal amount payable as of today within a period of four months from today; ii. If the amount is not deposited within the stipulated time, the stay will stand vacated without further reference to the Court ; iii. If the amount is deposited within the stipulated time, it will be open for Respondent No.1 to apply to this Court for grant of permission to withdraw the decretal amount ; iv. Civil Application is disposed of on above terms. [ A.S.OKA, J ]