Ash 1 caf-527.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO. 527 OF 2007 IN FIRST APPEAL NO. 173 OF 2007 Smt. Deepali Ashok Vaidya. .. Applicant. Vs Shri V. Narayanan, S/o Late Veeraghavachari, expired, leaving behind the following heirs : 1. Mrs. N. Rukmini & Others. .. Respondents -- Shri DS. Joshi for the Applicant. Ms Rajlaxmi Mohandas i/by ALMT Legal for the Respondents. -- CORAM : A.S.OKA, J. DATE : 17TH JANUARY, 2011 P.C: . Learned counsel appearing for the parties state that there is no settlement. Hence, this application for stay is taken out for hearing. 2. The impugned decree is a money decree. The learned counsel appearing for the Applicant ( Appellant ) submits that the transaction was not a commercial transaction and there is no agreement to pay interest at the rate of 18% per annum. 3. The impugned decree is a money decree. The Applicant will have to deposit the decretal amount. However, rate of interest has been fixed at the rate of 18% per annum by the Trial Court. The Applicant will have to deposit the amount with interest at the rate of 6% per annum. Ash 2 caf-527.07 4. Hence, the Civil Application is disposed of by passing the following order. ORDER (i) Ad-interim relief granted on 10th September, 2007 will continue to operate subject to condition of the Applicant depositing with the Trial Court the entire principal amount with interest thereon at the rate of 6% per annum from the date of filing of the suit within a period of three months from today. (ii) If deposit is not made within a stipulated time, the stay will stand vacated automatically without further reference to the Court. (iii) As and when the amount is deposited, the original Plaintiff will be entitled to withdraw the said amount subject to furnishing adequate security to the satisfaction of the Trial Court. (A.S.OKA, J)