IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 311 OF 2010 IN WRIT PETITION NO. 455 OF 2008 SMT. SHEWANTI RAIU KANKONKAR ... Applicant Versus M/S. BENTO MINGUEL FERNANDES, THROUGH ITS PARTNER MR. VICTOR FERNANDES, ... Respondent Shri. A. V. Nigalye, Advocate for the applicant. Mr. V. Menezes, Advocate for the respondent. Coram:- A. P. LAVANDE, J. Date:- 22nd June, 2011 P.C. Heard Mr. Nigalye, learned Counsel for the applicant and Mr. Menezes, learned Counsel for the respondent. 2. Although by this application, the applicant has sought withdrawal of the entire amount of Rs.2,15,956/- deposited by the respondent, Mr. Nigalye, leaned Counsel for the applicant states that an amount of Rs.1 Lac out of the total amount deposited, be paid to the applicant in whose favour an award has been passed by the Industrial Tribunal, Panaji. 3. Mr. Menezes, learned Counsel for the respondent states that in the event this Court is inclined to pass order of payment, the respondent be protected. 4. In view of the above, an amount of Rs.1 Lac out of the total amount of Rs.2,15,956/- deposited by the respondent be paid to the applicant subject to the following conditions : (i) Before payment of the said amount to the applicant, the applicant shall furnish bank guarantee of nationalised bank and/ or security to the satisfaction of the Registrar (Judicial) of this Court for the said amount. (ii) In the event the petition is allowed wholly or partly, the applicant to return the amount due in terms of the judgment of this Court within a period of eight weeks from the date of the judgment along with interest thereon at the rate of 9 % p.a. (iii) The applicant shall, before withdrawing the amount, file an undertaking in this Court that in the event the petition is allowed wholly or partly, the applicant shall deposit the amount due in terms of the judgment of this Court along with the interest at the rate of 9 % p.a. within a period of eight weeks from the date of the judgment. (iv) In the event the applicant furnishes bank guarantee, the bank guarantee shall be kept alive till the disposal of the petition and for the period of 12 weeks thereafter. 5. Needless to mention that the balance amount shall continue to be invested in a nationalised bank. 6. The application stands disposed of. A. P. LAVANDE, J. SMA