IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 905 OF 2010 IN FIRST APPEAL NO. 12 OF 2011 MR. DERICK MENDONZA AND 4 ORS., ... Applicants Versus THE NEW INDIA ASSURANCE CO. LTD. ... Respondent Ms. S. Mandrekar, Advocate for the applicants/ respondent nos.1 to 3 in F.A.No.12/2011. Coram:- A. P. LAVANDE, J. Date:- 3rd May, 2011 P.C. Heard Ms. Mandrekar, learned Counsel for the applicants/ respondent nos.1 to 3 in F.A.No.12/2011. None appears on behalf of the respondent/ appellant in F.A.No.12/2011. 2. This is an application filed by applicant no.1 / respondent no.1 in F.A. No.12/2011 on his behalf and on behalf of his minor children- respondent nos.2 and 3 in F.A. No.12/2011 for withdrawal of an amount of Rs.32,17,362/-. Although initially the said amount was claimed, by affidavit dated 21st December, 2010, applicant no.1 / respondent no.1 in F.A.No.12/2011 has restricted the amount to Rs.10 lacs. 3. Ms. Mandrekar, learned Counsel for applicant no.1 /respondent no.1 in F.A.No.12/2011 states that applicant no.1/ respondent no.1 in F.A.No.12/2011 is presently serving in Punjab National Bank as a clerk and he is ready and willing to give bank guarantee in respect of Rs.10 Lacs in case he is allowed to withdraw the same. 4. In view of the above, applicant no.1/ respondent no.1 in F.A.No.12/2011 for himself and on behalf of applicant nos.2 and 3/ respondent nos.2 and 3 in F.A.No.12/2011 is permitted to withdraw an amount of Rs.10 Lacs out of the amount deposited by the respondent herein/ appellant subject to applicant no.1/ respondent no.1 in F.A.No.12/2011 giving a bank guarantee of any nationalised bank to the satisfaction of the Registrar (Judicial) for the amount of Rs.10 Lacs. 5. In the event the appeal filed by the appellant is allowed wholly or partly, applicant no.1 / respondent no.1 in F.A.No.12/2011 shall return the amount due in terms of the award, within a period of 12 weeks along with the interest thereon at the rate of Rs.9 % p.a. 6. The application stands disposed of. A. P. LAVANDE, J. SMA