1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI ORDINARY ORIGINAL CIVIL SIDE NOTICE OF MOTION NO.402 OF 2009 IN WRIT PETITION NO.2763 OF 2002 Capt. Kersy R. Driver ...Petitioner. v. The Collector of Chennai and Ors. ...Respondents. Mr.S.C.Naidu with Mr.Y.C.Naidu and Mr.S.D.Kulkarni i/by C.R.Naidu and Co., advs. For the petitioner. Mr. M.D.Naik, AGP for the Respondent Nos.1 and 2. Mr.R.M.Pardiwala i/by Mulla & Mulla & CB & C, adv. for the Respondent Nos.3 to 6. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : FEBRUARY 22, 2010 P.C. 1 Petitioner has approached this Court against the award. This Court had directed apart from the amount of award, 12% interest . Matter was taken in appeal before the Supreme Court by way of SLP. That was withdrawn. In other words, that order has become final. 2 Subsequent to that, this Court ordered attachment of aircraft belonging to NEPC Limited. The order of this Court dated May 8, 2009 was for the respondent nos.4 to 6 to deposit the amount. It is the case of 2 the respondent nos.4 to 6 that they did not deposit the money but the amount was deposited by the NEPC Limited. That is immaterial as NEPC Limited was not called upon to deposit the money but who were called upon to deposit money was the respondent nos.4 to 6. The deposit , therefore, is by the respondent nos.4 to 6. From the amount deposited, a sum of Rs.13,13,748/- in terms of the certificate issued pursuant to the award, which has not been challenged by the respondents be paid to the petitioner unconditionally. In other words, petitioner is entitled to get the same unconditionally. 3 In so far as the balance of Rs.7 lacs , which has been deposited, considering that the said sum of Rs.7 lacs would be towards interest as ordered by the Court, the amount to be deposited in a nationalised bank initially for a period of 2 years and thereafter, for succeeding period till the hearing and disposal of the petition. 4 In so far as the balance amount of Rs.2,97,578/- as claimed by the petitioner calculated from 13.2.2003 for the moment , we are not inclined to issue any direction to deposit the said sum. On the copy of the order being furnished by the petitioner, Prothonotary & Sr. Master to release the amount of Rs.13,13,748/- to the petitioner. In so far as the TDS amount is concerned, it will be open to the petitioner to claim TDS 3 before the Income-tax authorities. 5 The learned counsel seeks stay of the order. In our opinion, question of stay does not arise. Application for stay rejected. (J.H. BHATIA,J.) (F.I. REBELLO,J.)