IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 74 OF 2011 IN WRIT PETITION NO. 850 OF 2010 M/S. DELTA CITY PLAZA HOTEL PVT. LTD., THROUGH ITS DIRECTOR SHRI. MANGUESH B. KUNDAIKAR ... Applicant Versus THE GOA STATE CO-OPERATIVE BANK LTD., AND 3 ORS., ... Respondents Mr. S. D. Padiyar, Advocate for the applicant. Mr. S. R. Rivonkar, Advocate for respondent No.1. Mr. Manish Salkar, Addl. Govt. Advocate for respondent No.3. Coram:- S.B. DESHMUKH & F. M. REIS, JJ. Date:- 18th January, 2011 P.C.:- We have heard learned Counsel Mr. Padiyar for the applicant, learned Counsel Mr. Rivonkar for respondent No.1 and learned Addl. Govt. Advocate Mr. Salkar for respondent No.3. None for respondent No.2. Mr. Padiyar, learned Counsel for the applicant states that respondent No.4 is not necessary for consideration of this application. 2. The prayer made in this application is for extension of time from 21.12.2010 to 30.1.2011 for depositing Rs.70.00 lakhs. Mr. Padiyar, learned Counsel appearing for the applicant has handed over a cheque for Rs.35.00 lakhs today to Advocate Mr. Rivonkar. This cheque is dated 23.12.2010, drawn in the name of respondent No.1-the Goa State Co-operative Bank Ltd., Loan A/c. No.91 of Delta City Plaza Hotel Pvt. Ltd.. Mr. Padiyar, learned Counsel seeks time and liberty to deposit the remaining amount of Rs.35.00 lakhs on or before 30th January, 2011 with respondent No.1. 3. Mr. Rivonkar who appears for respondent No.1 states that this cheque is not drawn by the present petitioner though it is drawn in favour of respondent No.1. His anxiety is that in case of dishonour of this cheque the respondent may not get the amount of Rs.35.00 lakhs and the applicant may go on enjoying the ad interim relief granted by this Court. 4. Mr. Padiyar, learned Counsel appearing on behalf of the applicant, on instructions, makes a statement that in case of dishonour of this cheque, the ad interim relief granted by this Court in favour of the applicant consequently may be vacated and/or may be varied by this Court. The statement made is accepted. Taken on record with the cheque and and statement. We extend the time for depositing Rs.35.00 lakhs on or before 30th January, 2011. Let the writ petition list on 1st February, 2011. The civil application is allowed and disposed of. Liberty in favour of respondent No.1, in case of dishonour of the cheque, to move this Court. S.B. DESHMUKH, J. F. M. REIS, J. ssm.