... 1 ... IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.8229 OF 2005 IN FIRST APPEAL (ST) NO.6570 OF 2005 Sau Padmaja Raju Shivgote & Anr. ...Applicants Vs. The Sangli Bank Ltd. ...Respondent Shri Tejesh Dande & Mandira Moitra for the Applicants. Shri R.S. Kavle for the Respondent. CORAM CORAM CORAM : A. S. OKA, J. : A. S. OKA, J. : A. S. OKA, J. DATE DATE DATE : JUNE 15, 2006. : JUNE 15, 2006. : JUNE 15, 2006. P.C.: P.C.: P.C.: 1. Rule. The Respondent waives service. Taken up for hearing forthwith. The learned Advocate appearing for the Applicant submits that penal interest has been charged by the Respondent-Bank which is contrary to law. The impugned decree is a money decree. In view of well settled position of law, stay cannot be granted to execution of money decree unless the amount is deposited. 2. Hence, Civil Application is disposed of by passing following order: (i) There will be interim relief in terms of prayer clause (a) subject to condition of the Applicants depositing entire decretal amount ... 2 ... with the Trial Court within period of ten weeks from today. (ii) If amount is not deposited within stipulated time, interim stay will stand vacated without further reference to the court. (iii) If amount is deposited, the Respondent will be entitled to withdraw the amount subject to giving undertaking to bring back the amount in case the Applicant succeeds in the Appeal. (iv) There will be no orders as to costs. JUDGE JUDGE JUDGE