: 1 : 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 SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.2352 OF 2006 CIVIL APPLICATION NO.2352 OF 2006 CIVIL APPLICATION NO.2352 OF 2006 IN IN IN FIRST APPEAL NO.713 OF FIRST APPEAL NO.713 OF FIRST APPEAL NO.713 OF 2003 003 003 --------------------------------------------------------- Office notes, office : : : Memoranda of Coram, : appearances, Court’s : Court’s or Judge’s Orders orders or directions : & Registrar’s orders : --------------------------------------------------------- Smt. Kalyani G. Parmar, adv. for Applicant. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE : 11th July, 2008. DATE : 11th July, 2008. DATE : 11th July, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the applicant and the respondent no.2. The suit filed by the respondent no.1 was decreed against the respondent no.2. On 26th February, 2004, in civil application no.1987 of 2001 filed by the present applicant, stay was granted to the execution of the decree subject to depositing entire decretal amount within six weeks with clear direction that failing to deposit the amount, the stay order would automatically stand cancelled. : 2 : This application is filed seeking modification of that order on the ground of financial difficulties of the company. During the arguments before the court, the learned counsel for the parties inform that the applicant had recovered an amount of Rs.75,000/- from the respondent no.2 about ten years before. In spite of the same, the applicant has retained that money with itself for the last 10 years, utilised that amount and he has failed to obey the order of the Court. It shows lack of bonafides on the part of the applicant. Therefore, I do not find any valid reasons to modify the order dated 26th February, 2004. 2. In the result, application stands rejected. (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)