-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.135 OF 2004 APPLICATION NO.135 OF 2004 APPLICATION NO.135 OF 2004 IN IN IN FIRST FIRST FIRST APPEAL NO.30 OF APPEAL NO.30 OF APPEAL NO.30 OF 2004 2004 2004 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.N.V.Walawalkar for the Applicant Mr.D.M.Gupte for Respondent Nos.1 to 6. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: MARCH 3, 2006. MARCH 3, 2006. MARCH 3, 2006. P.C.: P.C.: P.C.: 1. Rule. Shri Gupte waive service for Respondent Nos.1 to 6. Taken up for hearing forthwith. First Appeal is already admitted for final hearing. 2. Considering the facts and circumstances of the case, Civil Application is disposed of by passing the following order : i) There will be interim relief in terms of prayer clause (a) subject to the condition that the Applicant will deposit the entire amount due and payable as per the impugned Judgment and Award with the Tribunal within eight weeks from today. If the entire amount payable as per the -2- Award is already deposited by the Applicant in this Court, it will be treated as sufficient compliance of this order. If the amount is already deposited in this Court, the same will be transmitted to the concerned Tribunal. ii) If the Applicant has not deposited the amount as of today and if the Applicant fails to deposit the amount within the stipulated period of eight weeks, stay granted will stand vacated automatically without reference to the Court. iii) As and when the amount is deposited, investment will be made as directed by the impugned Judgment and Award. The learned Member of the Tribunal will permit the first Respondent to withdraw the balance amount subject to filing undertaking to repay the amount with appropriate amount of interest as directed by this Court in case the Appellant succeeds in the Appeal. . There will be no order as to costs. Judge. Judge. Judge.