1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 502 OF 2008 IN SUMMONS FOR JUDGMENT NO. 421 OF 2002 IN SUMMARY SUIT NO. 753 OF 2001 SHRI PADMAKAR MISHRA .. APPELLANT Vs. THE NATIONAL SMALL INDUSTRIES CORPORATION LTD. .. RESPONDENT Mr. Nusrat Shah with A.K. Gugla, V. A. Almeida i/b Mahendra V. Swor for appellant Ms. Padmaja Dholakia i/b Dholakia Law Associates for respondent CORAM:SMT.RANJANA DESAI & K. K.TATED, JJ. DATE: 19/12/2008 P.C. . Admit. JUDGE JUDGE 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. OF 2008 IN APPEAL NO. 502 OF 2008 IN SUMMONS FOR JUDGMENT NO. 421 OF 2002 IN SUMMARY SUIT NO. 753 OF 2001 SHRI PADMAKAR MISHRA .. APPELLANT Vs. THE NATIONAL SMALL INDUSTRIES CORPORATION LTD. .. RESPONDENT Mr. Nusrat Shah with A.K. Gugla, V. A. Almeida i/b Mahendra V. Swor for appellant Ms. Padmaja Dholakia i/b Dholakia Law Associates for respondent CORAM:SMT.RANJANA DESAI & K. K.TATED, JJ. DATE: 19/12/2008 P.C. . Leave under Rules 147 and 148 of the High Court of Judicature at Bombay (O.S.) Rules, 1980 is granted to the appellant to take out the Notice of 3 Motion in terms of the draft notice of motion handed in. Notice of Motion made returnable forthwith. Respondent waives service of Notice of Motion. 2. We have heard learned counsel for the parties. We have admitted the appeal. 3. In the circumstances of the case, we feel that this being a money decree, on the appellant depositing a sum of Rs.10 lakhs in this court within a stipulated period, the impugned judgment and decree must be stayed. The appellant seeks three months time to deposit the amount. 4. We direct the appellant to deposit an amount of Rs.10 lakhs in this court within three months from today. On such deposit being made, the amount of Rs.8 lakhs can be withdrawn by the respondent after giving an undertaking by an authorised officer that in case the appellant succeeds in this matter they shall bring back the said amount with interest. The amount of Rs.2 lakhs shall be invested by our office in any nationalised bank on usual terms. That amount will abide by the final order that may be passed in this appeal. 4 5. In view of the statement made by learned counsel for the appellant, on instructions from the appellant, who is present in the court, which we have accepted, during the pendency of this appeal, the impugned judgment and decree dated 21/9/05 shall remain stayed. 6. However, in case the amount is not deposited as directed by us within three months from today, the stay order shall stand vacated and the respondent shall be at liberty to execute the decree. 7. The undertaking shall be filed by the authorized officer of the respondent at the time of withdrawing the amount and office shall not permit withdrawal unless it is satisfied about the fact that undertaking has been filed by the officer who is duly authorized to file affidavit on behalf of the respondent. 8. Motion is disposed of. JUDGE 5 JUDGE