IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 246 OF 2005 IN APPEAL UNDER ARBITRATION ACT NO. 3 OF 2005 SHRI K.K.JOHN,THROUGH HIS POWER OF ....Applicant ATTORNEY HOLDER SHRI M.C.CHACHAPPAN,MARGAO GOA Versus THE STATE OF GOA,REP.BY THE ....Respondent EXECUTIVE ENGINEER,MARGAO GOA Shri S.G. Dessai, Senior Advocate with Shivan Desai, Advocate for the Applicant. Shri S.S. Kantak, Advocate General with Ms. S. Dharwadkar, Addl. Govt. Advocate for the Respondent. Coram:- R. M. LODHA & N. A. BRITTO, JJ. Date:- 27th September, 2005 P.C.: After having heard the learned Senior Counsel for the Appellant/Applicant and the learned Advocate General, we dispose of the Civil Application by the following Order :- i) Within eight weeks from today the applicant/appellant shall deposit a sum of Rs.50,00,000/- with the Registrar of this Court . ii) Upon such deposit being made, it will be open to the respondent to withdraw the said amount on their furnishing an undertaking of the Executive Engineer, Works Division XII, Irrigation Department, Gogol, Margao, Goa that in the event of the appellant succeeding in the appeal, the respondent shall restitute the amount so withdrawn along with simple interest of 6% per annum from the date of withdrawal until the date of refund within one month from the date of the Judgment in appeal. iii) Upon compliance of clause (i) by the appellant, the execution of the impugned Judgment and Decree shall remain stayed until disposal of the appeal. Civil Application stands disposed of. R. M. LODHA, J. N. A. BRITTO, J. sl.