1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE NOTICE OF MOTION NO.93 OF 2006 IN APPEAL NO.19 OF 2006 IN SUIT NO.2145 OF 1985 The Wallace Flour Mills Co.Ltd. Appellant vs. New Era Engineering Co.Ltd. Respondent Mr.Prakash Mahadik for the appellant. Mr.R.T.Parekh for the respondent. CORAM : R.M. LODHA & ANOOP V. MOHTA, JJ. DATED : 17th January 2006 P.C. Heard. 2. Subject to appellant depositing a sum of Rs.2,00,000/- (Rupees two lacs) with the Prothonotary & Senior Master within four weeks from today, the execution of the impugned decree shall remain stayed. 3. The decree-holder shall be entitled to withdraw the amount on furnishing the solvent surety or security to the satisfaction of Prothonotary & Senior Master. 4. In case the amount is not deposited by the appellant within the aforesaid time, the decree-holder shall be 2 free to execute the decree. It is also clarified that upon depositing the amount of Rs.2,00,000/- (Rupees two lacs) as aforedirected , if within reasonable time the decree holder does not furnish the solvent surety or security, the Prothonotary & Senior Master shall invest the said amount in the fixed deposit in any nationalised Bank initially for a period of three years, renewable thereafter each time for the same period until disposal of appeal. (R. (R. (R. M. LODHA, J.) M. LODHA, J.) M. LODHA, J.) (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)