IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 410 OF 2011 IN FIRST APPEAL NO. 226 OF 2008 MRS. MARIA ANTONIETA RODRIGUES E DA COSTA AND 3 ORS., ... Applicants Versus KADAMBA TRANSPORT CORPORATION LTD THROUGH MANAGING DIRECTOR SANJAY GOEL ... Respondent Ms. P. Kakodkar, Advocate for the Applicants. Mr. Ajit R. Kantak, Advocate for the Respondent. Coram:- F. M. REIS, J. Date:- 8th April, 2011 P.C.: The above application has been filed by the applicants/respondents, who are the claimants in the Motor Accident Claims Tribunal, for release of the sum of Rs.2,17,701/-, as deposited by the respondent/appellant at the time of obtaining the stay of the impugned judgment and award passed by the learned Presiding Officer of the Motor Accident Claims Tribunal. The reasons for the withdrawal of the said amount have been perused by me as stated in the said application which is supported by an affidavit. 2. Shri Kantak, the learned Counsel for the respondent/appellant has opposed the said application and pointed out that he has a good case on merits to set aside the award passed by the learned Tribunal. 3. After hearing the learned Counsel for both the parties and on perusal of the documents attached to the said application, which reveal that the applicant no.1/respondent no.1 requires a sum of Rs.40,000/- for the expenditure on account of operation which she has to undergo urgently, I find that in the interest of justice, the applicant should be permitted to withdraw a sum of Rs.75,000/-, subject to the applicants giving an undertaking that in case any adverse order is passed against the applicants, the applicant will refund the said amount subject to orders which may be passed at the time of the disposal of the above appeal. 4. In view of the above, the application is partly allowed and the applicants are permitted to withdraw the sum of Rs.75,000/- subject to the undertaking as stated herein above. Application disposed of on the above terms. 5. Fix the First Appeal for final hearing immediately after the paper book is ready. F. M. REIS, J. NH