- (1.)Heard Mr. P.K. Tiwari, learned Counsel for the Appellant/applicants as well as Mr. Dutta, learned Counsel for the opposite party/Plaintiff
(2.)By this application, the applicants have prayed for stay of execution of the judgment and decree dated 03.08.09 passed by the Deputy Commissioner/District Judge, Khonsa, Tirap in Money Suit No. 4/2008. While Mr. Tiwari, learned Counsel for the applicants/Appellants has prayed for stay of the aforesaid judgment and decree, Mr. Dutta, learned Counsel for the opposite party/Plaintiff submits that the decretal amount is required to be deposited in the Court with the liberty to the Respondent/Plaintiff to withdraw at least a part of the said amount. Mr. Dutta has referred to the decision of the Apex Court Malwa Strips Private Ltd. v. Jyoti Ltd., 2009 2 SCC 426
(3.)On the other hand, Mr. Tiwari, learned Counsel for the applicants has referred to the decision of Gujarat High Court State of Gujarat v. Central Bank of India, Ahmedabad and Ors., 1987 AIR(Guj) 113