IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION FIRST APPEAL NO.2343 OF 2008 Ashirwad Provision Stores ...Appellant. v. Dena Bank & Anr. ...Respondents. Mr.Kishor Patil i/by P.N.Joshi, advs. For the Appellants. Ms.Pallavi Khangaonkar i/by Ms.A.N.Barve, advs. For the Respondents. CORAM : J.H. BHATIA, J. DATED : 15th September , 2009 P.C. 1 The learned counsel for the appellant states that appellant does not want to press the appeal but only make a request for facility of re-payment in instalment of Rs.15,000/- per month till whole of the amount is fully satisfied. The trial Court has passed the decree for an amount of Rs.3,10,338/- with future interest at the rate of 9% p.a. From the date of filing suit till actual recovery of the amount. The learned counsel for the respondent/bank contends that the appellant may approach the bank officer with such a request. I am not satisfied with this response from the learned counsel. 2 Taking into consideration facts and circumstances, appeal is partly allowed and stands disposed off as follows : - 2- i Appellant is permitted to make the payment of the decretal amount in monthly instalments of Rs.15,000/- beginning with October, 2009. Instalment shall be paid on or before 10th day of every month. In case of failure to pay any three instalments, respondent/bank shall be entitled to execute the decree. (J.H. BHATIA,J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION FIRST APPEAL NO.2344 OF 2008 Ashirwad Provision Stores ...Appellant. v. Dena Bank & Anr. ...Respondents. Mr.Kishor Patil i/by P.N.Joshi, advs. For the Appellants. Ms.Pallavi Khangaonkar i/by Ms.A.N.Barve, advs. For the Respondents. CORAM : J.H. BHATIA, J. DATED : 15th September , 2009 P.C. 1 The learned counsel for the appellant states that appellant does not want to press the appeal but only make a request for facility of re-payment in instalment of Rs.20,000/- per month till whole of the amount is fully satisfied. The trial Court has passed the decree for an amount of Rs.5,78,157/- with future interest at the rate of 9% p.a. From the date of filing suit till actual recovery of the amount. The learned counsel for the respondent/bank contends that the appellant may approach the bank officer with such a request. I am not satisfied with this response from the learned counsel. 2 Taking into consideration facts and circumstances, appeal is partly allowed and stands disposed off as follows: -2 - i Appellant is permitted to make the payment of the decretal amount in monthly instalments of Rs.20,000/- beginning with October, 2009. Instalment shall be paid on or before 10th day of every month. In case of failure to pay any three instalments, respondent/bank shall be entitled to execute the decree. (J.H. BHATIA,J.)