ORDER

1. Leave granted.

2. Heard counsel for the parties.

3. The respondent had filed a suit in the Court of the third Joint Civil Judge, Senior Division, Amaravati for the recovery of Rs 1,25,145.05 with interest at the rate of 16.5% per annum till realisation with costs of proceedings. In the said suit a decree was passed in favour of the respondent. The appellant filed an appeal, First Appeal No. 489 of 1993, in the Bombay High Court (Nagpur Bench) against the said decree. Along with the appeal the appellant also filed an application (Civil Application No. 2022 of 1993) for stay of the execution of the decree. The High Court, on 22-10-1993, passed the following order on the said application :

"The appellant to deposit Rs 75,000 within two weeks failing which the appeal shall stand dismissed without reference to the Court."

4. It appears that the appellant has failed to deposit the said sum of Rs 75,000 within the period aforementioned. The appeal of the appellant stands dismissed in terms of the said order. Feeling aggrieved by the impugned order the appellant has filed this appeal.

5. The question which arises for consideration in this appeal is whether the High Court was justi