1 C.A.No. 9132 .09 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9132 OF 2009 ( M/s. Vaibhav Pipe Industries V. Mah. Small Scale Industries Development Cor. ) in FIRST APPEAL (ST) NO. 1152 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 15th April, 2011. PER COURT : 1. This is an application for stay to the impugned Judgment and Decree. 2. Heard learned counsel for the respective parties. The learned counsel for the respondent opposes the application on the ground that it is a money decree, and hence, stay cannot be granted. 2 C.A.No. 9132 .09 3. The learned counsel for the applicant submits that even the Criminal case in which Rs. 5,00,000/- ( Rs. Five lakhs) were deposited by the present applicant has not at all been considered. No other transaction has been pointed out by the non applicant wherein said amount is to be adjusted. Admittedly, in the plaint the non-applicant only refers to transaction of the year 1999 and no more. The Criminal case is filed in the year 2000, whereas the suit is filed in the year 2002. 4. All these facts can be gone into at the time of final disposal of the appeal. Taking into account the above conspectus, I pass the following order. 5. The present application is allowed in terms of prayer clause ‘A’, on condition that the applicant deposits an amount of Rs. 3,00,000/- (Rs.Three lakhs) within a period of twelve weeks from today. 3 C.A.No. 9132 .09 6. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*