((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1259 OF 2007 Ashokkumar Sureshkumar Mehta Petitioner versus Nikhil Mahendra Kothari & ors. Respondents Mr.Jayesh Bansilal Kocheta for petitioner. Mr.N.R.Bubha for respondent no.1. CORAM : A.S.OKA, J. DATE : 06th March 2007 PC : 1. The petitioner is defendant no.3. There is a money decree against the petitioner as well as other two defendants. In appeal preferred by the petitioner against the money decree, an application for stay was filed by the petitioner. The Appellate Court has stayed the execution of the decree as against the petitioner subject to furnishing a bank guarantee in the decretal amount. 2. I have heard the submissions of the learned advocate for the petitioner. I find that the learned Appellate Court has made a departure from ((-2-)) MST the usual rule of insistence on deposit of the decretal amount before the execution of the money decree is stayed. The learned Judge has granted stay subject to furnishing a bank guarantee. No case is made out for interference with the discretionary order passed by the Appellate Court. Petition is rejected. However, time for furnishing the bank guarantee is extended by a period of six weeks from today. (A.S.OKA, J.)