(Spl.-H.C.A.S.,C.D.,78-e) FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF BOMBAY AT GOA APPELLATE SIDE MISCELLANEOUS CIVIL APPLICATION NO. 192 OF 2004. --------------------------------------------------------------------- Office Note, Office Memoranda of Quorum, appearances, Court’s Court’s or Judge’s Orders orders or directions and Registrar’s orders. ---------------------------------------------------------------------- Mrs. A.A. Agni, Advocate for the Applicants. Mr. D. Pangam, Advocate for the Respondents. Coram : P.V. HARDAS AND N.A. BRITTO, JJ. Date : 29th March 2004. P.C.: Heard Mrs. Agni, learned counsel for the applicants/respondents in First Appeal No. 150 of 2003 and Mr. Pangam, learned counsel appearing for the respondents/original appellants. Towards the compliance of the Order of this Court, the appellants had deposited an amount of Rs. 21,70,956/-, which has been invested in a Fixed Deposit of a Nationalized Bank. By this application the applicants/respondents in First Appeal have prayed that the - 2 - applicants be permitted to withdraw an amount of Rs. 5 lakhs from out of the amount deposited by the respondents/original appellants, so as to meet the expense of undergoing Angiography and by-pass surgery, if necessary. Accordingly, the applicants are allowed to withdraw the amount of Rs. 5 lakhs from out of the amount deposited by the respondents/original appellants on the following conditions:- 1. The applicants/original respondents shall furnish bank guarantee for 50% of the amount to be withdrawn and shall furnish adequate surety for the balance amount of 50% to the satisfaction of the Registrar. 2. The applicants/original respondents shall give an undertaking that they will refund the amount with interest as and when required to do so. - 3 - 2. Miscellaneous Civil Application is, accordingly, allowed with no order as to costs. P.V. HARDAS, J. N.A. BRITTO, J. ed’s.