1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.4646 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Bhushan A. Walimbe for the petitioner. Mr.A.L.Latnekar for the respondent. CORAM : ANOOP V. MOHTA, J. DATED : 08.12.2008 P.C. The petitioner has challenged the impugned order dated 25.09.2006 whereby the Court on an application under Order 9, Rule 13 of Civil Procedure Code (C.P.C.), filed by the respondent, stayed the exparte money decree. This is without putting any condition whatsoever. Without observing anything the fact remains that the suit is for money claim and that decree remained final till this date and merely because an application is filed that itself cannot be the reason to stay the 2 whole money decree as done in the present case. The learned counsel for the respondent, on instructions, makes submission that they have already deposited the amount and therefore there is nothing due. This aspect just cannot be gone into as the defendant ought to have made this submission at the appropriate time. The respondent’s counsel has no instructions to deposit any money in this background. The application under Order 9, Rule 13 C.P.C. is pending since 2006. In view of this, I see there is no reason to continue the stay order as passed in the present case. The interim order of stay as granted stands vacated. The Civil Judge, Senior Division, Thane to proceed with the matter as expeditiously as possible. When enquired, the respondent’s counsel expressed his inability to deposit any amount. In 3 view of this, the petition is allowed in terms of prayer (b). [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]