vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6211 OF 2008 WRIT PETITION NO.6211 OF 2008 WRIT PETITION NO.6211 OF 2008 M/s.General Textile Machinery Store & Ors. ... Petitioners V/s. Life Insurance Corporation of India & Ors. ... Respondents a/w WRIT PETITION NO.6598 OF 2008 WRIT PETITION NO.6598 OF 2008 WRIT PETITION NO.6598 OF 2008 Life Insurance Corporation of India ... Petitioner V/s. M/s.General Textile Machinery Store ... Respondent Mr.Ashwin Shete for Petitioner in WP No.6211/2008 and for Respondent in WP No.6598/2008 Mr.H.V. Kode for Respondent No.1 in WP No.6211/2008 and for Petitioner in WP No.6598/2008 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J MHATRE, J MHATRE, J. DATED: OCTOBER 22, 2008 OCTOBER 22, 2008 OCTOBER 22, 2008 P.C.: P.C.: P.C.: . Both the petitions challenge the order passed by the Principal Judge of the City Civil Court in Miscellaneous Appeal No.74 of 2007. The Appellate Court has directed the Petitioners in Writ Petition No.6211 of 2008 to deposit a sum of Rs.10 lakhs instead of Rs.25 lakhs that it had earlier ordered, as a condition precedent for hearing the appeal finally. The execution order passed by the Estate Officer was stayed on this : 2 : condition of depositing of Rs.10 lacs. The petitioners have deposited Rs.5 lakhs already in this Court. That amount shall be transferred to the Principal Judge, City Civil Court in Miscellaneous Appeal No.74 of 2007. 2. In my opinion, there is no need to interfere with the order passed by the appellate Court since it has directed deposit of Rs.10 lakhs against the total amount of over Rs.1 crore which has been claimed by the Estate Officer as damages from the petitioners. It is true that this amount is yet to be ascertained finally in the appeal. However, in my opinion, the appellate Court having reduced the amount to be deposited by way of condition precedent to Rs.10 lakhs, is sufficient relief given to the petitioners. 2. The Life Insurance Corporation which is the petitioner in Writ Petition No.6598 of 2008 has also challenged the same order passed by the Principal Judge, City Civil Court directing the deposit of Rs.10 lacs as a condition precedent for granting stay of the order of the Estate Officer. The Corporation has sought enhancement of the amount as according to it, over one crore is due and payable by the Petitioner. In my opinion, the amount directed to be deposited by the appellate Court is reasonable. The petitioners cannot be stifled and their appeal cannot be made infructuous : 3 : by directing them to deposit a huge amount while granting stay of the order of the Estate Officer. 3. The Petitions are rejected. The parties are at liberty to raise before the Appellate Court.