IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 169 OF 2009 M/S KADAMBA TRANSPORT CORPORATION LTD. THROUGH MANAGING DIRECTOR S. V. NAIK ... Petitioner Versus SHRI. ANAND GAONKAR ... Respondent Mr. Shivan Dessai, Advocate for the petitioner. Coram:- N. A. BRITTO, J. Date:- 7th July, 2010 P.C. Petitioner herein is the employer of the respondent. The respondent stood surety for one Mr. Anil Dessai who had taken a loan from Goa State Co-operative Bank. Said Anil Dessai defaulted in making payment of the instalment of the loan. Payment was sought to be recovered from the respondent/surety and for that, the Bank sent a requisition to recover from the respondent's salary initially Rs.225/- per month for the first year and subsequently Rs.500/- per month in accordance with section 60 C.P.C. The petitioner recovered sum of Rs.6450/- in violation of the mandate section 60 of Code of Criminal Procedure. 2. The learned Presiding officer of the Industrial Tribunal by the impugned order has ordered the petitioner to refund to the respondent the said amount of Rs.6450/- with interest at the rate of 6% per annum. 3. After hearing the writ petition for some time Shri S. Dessai counsel appearing on behalf of the petitioner states that amount as ordered by the Industrial Tribunal will be paid to the respondent within a period of 8 weeks with liberty to the petitioner, as is available in law, to recover the same from appropriate authority. 4. The question of applicability of section 60 is left open. 5. Writ petition is disposed of accordingly. N. A. BRITTO, J. vn