1 caf2930.2931.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICAITON NO.2930 OF 2010 IN FIRST APPEAL NO.1554 OF 2009 WITH CIVIL APPLICATION NO.2931 OF 2010 IN FIRST APPEAL NO.1555 OF 2009 Hindustan Organic Chemicals Ltd. ....Applicants. Vs. Amritlal Pratapchandji Shah ....Respondent. Mr. Nikhil Mehta i/b. M/s. KMC Legal Venture for applicants. Mr.Vijay Sutrale for respondent. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- AUGUST 4, 2010 P.C. 1. Heard Counsel for the parties. Appeals are admitted vide order dated February 10, 2010. By these applications it is prayed that implementation of impugned Judgments and Decree passed on 28.1.2009 and 29.1.2009 in Special Civil Suit Nos.121/1999 and 120/1999 respectively be stayed. 2 caf2930.2931.10 2. According to the applicants, applicants have come out of BIFR and would not be in a position to pay entire decretal amount as condition precedent for grant of interim relief. Even if the said contention were to be accepted, we see no propriety in extricating the appellants from their commitment given in communication dated 30th July, 2010 addressed to the proprietor of the Respondent firm. Relevant portion of the said communication reads thus: “Sub : Execution Application No.56/2009 filed by you in the Court of Civil Judge, Sr.Division, Panvel. Ref : Execution Warrant dtd.15/07/2010 issued by the Court of Civil Judge, Sr. Division, Panvel for recovery of an amount of Rs.2,25,14,692/- received by us on 30/07/2010. Dear Sir, With reference to above referred Execution Warrant, we would like to inform you that as discussed with you as well as our CMD, we are ready to pay you the said decree amount of Rs.2,25,14,692/- in two equal installments. Accordingly, the cheque for 50% of said amount will be issued to you on 02/08/2010 and cheque for remaining 50% amount will be issued on 09/08/2010, from our Corporate Office, Mumbai. In view of the above, you are requested not to proceed further in the matter.” From this communication, it is more than clear that the Appellants have shown willingness to pay the decretal amount in two equal installments. Counsel for 3 caf2930.2931.10 the Appellants submits that the said commitment was only in respect of one of the appeal. That makes no difference. Since it is a money decree, the appellants are obliged to pay the decretal amount. We do not find any special reason to excuse the said requirement. In our opinion, the appellants are liable to pay the decretal amount as condition precedent for grant of interim relief. We would accede to the request of the appellants to allow them to pay the decretal amount in two equal installments. 50% of the decretal amount in each case be deposited by end of August, 2010 and the balance 50% of the decretal amount be deposited by end of September, 2010. Interim relief shall continue beyond such period only on compliance of the abovesaid condition. In the mean time, no precipitative steps be taken against the appellants on the basis of impugned Judgment and Decree. 3. Request of the Respondent for permission to withdraw the amount will be considered on formal application, to be filed in that behalf. 4. Applications disposed of on the above terms. (A.A.SAYED, J) (A.M.KHANWILKAR, J)