1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION(F) NO. 1787 /2010 IN FIRST APPEAL NO. 345/ 2009 (Vidarbha Irrigation Dev.Corpn. vs. Bhaurao Malhari Armal and others ) ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. J B Kasat, Adv.for appellant Mr N B Kalwaghe,Adv.for R-2 and 3 Mr D M Kale, Adv.for Respondent No.4 CORAM : A.P. BHANGALE, J. DATED : 3 rd August, 2010. Heard submissions at the Bar, at length. 2. Learned Counsel for the applicant relied upon the ruling in Devi Theatre vs. Vishwanath Raju:( 2004 ) 7 SCC 337, to argue that in First Appeal conditional order requiring deposit of the decretal amount as a condition and dismissal for non-compliance of such condition could not be, according to law, u/s 96 read with O.41 R.11 and further under O.21 R.26 (3) and O.39 Rule 1 of CPC, in such cases,the prayer for restoration of the First Appeal can be considered as requirement of the deposit of money would have no concern with merits of the case which alone would be basis for admitting or not admitting an appeal filed under section 96 CPC. Thus, imposition of condition that failure to deposit the amount shall result into dismissal of the appeal compounds the infirmity in the order of conditional admission. The ratio in the ruling is not disputed on 2 behalf of the non-applicants. 3. Under these circumstances, the order requiring the appellant to deposit costs of Rs.10,000 for non-deposit of the award amount, is set aside. The appeal is restored back to the file, with further direction that if award amount is not deposited within two weeks, there shall be no question of interim stay and the other side is at liberty to execute the award. Civil Application is accordingly allowed. JUDGE Sahare