1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.10444 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. The application is for stay of the execution. The appellant is original defendant No.1. His contention was that he had paid the entire amount to the sugarcane factory and the liability could not be fastened on him. Mr.Godbole, learned advocate points out from the testimony of PW 1 Gangadhar Shinde that the loan application did not bear signature of the defendant No.2. He also admitted that in the account book Exh.34 there was no entry regarding transfer of the loan amount in the account of the appellant. The appellant is also filed on record copy of the No Dues Certificate issued by the Sugar Factory i.e. the original defendant No.2. In this view of the matter, the execution of the decree is stayed as against the appellant alone. C.A. allowed. (V.R.KINGAONKAR,J.) Dt.07.12.2009. asp/office/Ca10444.09