IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 151 OF 2006 IN FIRST APPEAL NO. 143 OF 2006 M/S. TIMBLO MINERALS PVT. LTD. ....Applicants AND ANR., Versus M/S. HARDESH ORES PVT. LTD. AND 2 ....Respondents ORS., Mr. V. B. Nadkarni, Senior Advocate with Mr. Y. V. Nadkarni, for the applicants. Mr. R. A. Dada Senior Advocate with Mr. G. Mallya & Sudesh Usgaonkar, Advocates for respondent 1. Mr. B. R. Zaiwala and M. S. Usgaonkar, Senior Advocates with Mr. E. Kotwal, Advocate for respondent 2. Mr. A. N. S. Nadkarni and Mr. H. Naik, Advocates for respondents 3((i) to 3(vii). Coram:- SMT. RANJANA DESAI & N. A. BRITTO, JJ. Date:- 18th July, 2006 P.C. Pending the hearing and final disposal of this appeal, operation and implementation of the judgment and order dated 20.5.2006 passed in Special Civil Suit No.19/2003/A by the Civil Judge, Sr. Division, Quepem-Goa will be stayed and respondents 1 and 2 are restrained from, in any manner whatsoever, interfering with the suit mine described in paragraph 1 of the plaint and/or with mining activities and other related operation of the appellants being carried out in the suit mine subject to the following : (1) As a pre-condition for further operating the mine, the bank guarantee or solvent security which is already given shall be kept alive and continued till the disposal of the first appeal and six weeks thereafter. (2) The appellants shall, by the end of every month deposit, in this court a sum of Rs.400/- per metric ton on the basis of weighment slips of trucks and monthly returns submitted to the statutory mine authorities, on each quantity of ore extracted and exported by them, in order to reimbrse, in the event of dismissal of the appeal, the loss of estimated profit caused to respondents 1 and 2. (3) The amount of Rs.50/- per metric ton which is deposited in the trial Court, shall continue to remain deposited in the trial Court and in case it has not been invested, the trial court is directed to invest the same in any nationalised bank on usual terms and continue to invest it till the final disposal of the first appeal. (4) The amounts aforementioned to be deposited in respect of the quantities of ore extracted and exported, shall be kept by this court when deposited in fixed deposit in any nationalised bank on usual terms and shall be paid on final decision of the appeal by this Court to the party found entitled to it. (5) At the conclusion of the first appeal and the decision of the first appeal, this Court shall pass consequential orders for payment of the amount covered by the bank guarantee or the solvent security and the amounts periodically deposited for the ore extracted and exported in the manner directed above. (6) The payment due for the month of July, 2006 shall be made before this Court at the rate of Rs.400/- per ton in the first week of August, 2006. SMT. RANJANA DESAI, J. N. A. BRITTO, J. ssm.