1 ca5719-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.5719/2011 IN FIRST APPEAL NO.2314/2010 Siddappa Baswant Malge [Died] through L.Rs. Virbhadra Siddappa Malge and another .. APPLICANTS V/S M.I.D.C. Through Divisional/Regional Officer, Latur & Anr .. RESPONDENTS .... CIVIL APPLICATION NO.6185/2011 IN FIRST APPEAL NO.2307/2010 Baburao Ramrao Bhalerao. .. APPLICANT V/S M.I.D.C. Through Divisional/Regional Officer, Latur & Anr .. RESPONDENTS .. Shri S.N.Janakwade h/f Shri P.R.Katneshwarkar,Adv.for applicants. Shri S.S.Dande,Adv.for respondent no.1 Shri K.G.Patil,AGP for Respondent no.2. .... CORAM : NARESH H.PATIL & T.V.NALAWADE,JJ. DATE : 09/09/2011 1] Heard. 2 ca5719-11 2] Pursuant to the order passed by this Court dated 1/10/2010, the appellant-MIDC has deposited the entire amount under award with the registry of this Court. 3] We are not inclined to permit the applicants to withdraw the entire amount, which is deposited. However, the applicants may withdraw 50% of the amount. We pass following order : 4] The applicants/claimants are permitted to withdraw 50% of the amount which is deposited in the registry of this Court on the following conditions : [A] Half of the 50% amount deposited in the registry of this Court is permitted to be withdrawn without furnishing surety. [B] Remaining half of the 50% amount be withdrawn by furnishing bank guarantee of nationalized / scheduled bank to the satisfaction of the Registrar [Judicial] of this Court. [C] The Bank Guarantee shall be kept in operation till final disposal of the appeal. [D] The applicants shall furnish an undertaking with the Registry of this Court that they will return the amount withdrawn, in case the appellant MIDC succeeds in the matter. The registry of this Court shall not disburse the amount without applicants’ furnishing undertaking to this Court. [E] The Registrar [Judicial] shall invest the remaining 50% of the amount with State Bank of Hyderabad, High Court Bench Aurangabad initially for a period of three years renewable thereafter from time to 3 ca5719-11 time till disposal of the appeals. 5] The Civil Applications are disposed of. [T.V.NALAWADE,J.] [NARESH H.PATIL,J.] umg/ca5719-11