1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.29 OF 2007 IN WRIT PETITION NO.3060 OF 2006 M/s.Colliers International (India) Property Services Ltd. .. Petitioner Versus Thanpal Subhaiyah & Ors. .. Respondents Mr.R.S.Pai i/b. Sanjay Udeshi & Co. for petitioner Mr.N.M.Ganguli for respondent No.1. CORAM : S.C.DHARMADHIKARI, J. DATE : 7th July 2008 P.C. . Respondent has moved this notice of motion in Writ Petition with a prayer that the interim order dated 12th December 2006 passed in this petition be vacated and/or suitably modified. 2 2. This submission of Mr.Ganguli appearing for respondent No.1 workman that the order is of reinstatement with backwages. The first respondent must, therefore, get the benefit of either of the directions and a blanket stay prejudices him tremendously. He submits that after having been employed and the petitioner indulging in unfair labour practices, prima facie, the termination has been quashed and set aside. In such circumstances, a blanket stay would cause the workman irreparable harm and injury. 3. On the earlier occasion, both sides were requested to arrive at some overall settlement considering that the petitioner had employed respondent as driver. 4. However, that has not been possible. In the light of the difficulties pointed out by Mr.Ganguli, after placing reliance upon para 4 of 3 the affidavit in support, I am of the view that interest of justice would be sub-served, if interim order is modified by directing the petitioner to deposit in this Court Rs.1.50 lakhs within four weeks from today. Upon such deposit being made, the first respondent workman is permitted to withdraw the sum deposited by furnishing security or giving an undertaking to this Court to the satisfaction of Prothonotary & Senior Master, containing a statement/assurance that the amount would be brought back in case the petitioners succeed. 5. Interim order to stand modified in the above terms. Notice of motion is disposed of accordingly. (S.C.Dharmadhikari, J)