IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIUIL APPLICATION NO.3562 OF 2008 CIUIL APPLICATION NO.3562 OF 2008 CIUIL APPLICATION NO.3562 OF 2008 IN IN IN FIRST APPEAL NO.570 OF 1996 FIRST APPEAL NO.570 OF 1996 FIRST APPEAL NO.570 OF 1996 Gajanan Krishna Pawar & Ors. ..Appellants. V/s. Sangli Municipal Council & Anr. ..Respondents. Ms.Manisha Shekar i/b. J.Shekhar & Co. for applicants. Mr.G.H. Keluskar i/b. N.V.Walawalkar for respondent. CORAM : P.B.MAJMUDAR AND CORAM : P.B.MAJMUDAR AND CORAM : P.B.MAJMUDAR AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 8TH DECEMBER, 2008. DATED : 8TH DECEMBER, 2008. DATED : 8TH DECEMBER, 2008. P.C. :- P.C. :- P.C. :- 1. By this Civil application, the applicants have prayed for clarification of the order passed on 9/4/1996 by this Court. On 9/4/1996, the Division bench of this Court passed the following order :- "1. Applicant - Sangli Municipal Council prays for stay of the execution of the impugned Award made in the Reference Case. Admittedly, the land has been acquired for the applicant - Council. The Special Land Acquisition Officer had awarded a sum of Rs.110/ per sq. metre and the same is enhanced to Rs.310/ per sq. mter. by the - = : 2 : = - Reference Court. 2. The Applicant - Council has already deposited the awarded amount i.e. to say the difference between the amount awarded by the Special Land Acquisition Officer and the Reference Court. 3. Applicant-Council is permitted to withdraw 50% of the amount deposited from the Trial Court and the remaining 50% is allowed to be withdrawn by Respondent Nos.1 to 4. However, 25% of the amount to be withdrawn shall be covered by Bank guarantee which shall be furnished by Respondent Nos.1 to 4 and the remaining 25% against security to the satisfaction of the Reference Court. 4. Rule accordingly made absolute and Civil Application is disposed of. Certified copy expedited. 2. It is unfortunate that neither of the parties have not tried to withdraw the amount and the Court is informed that the amount is still lying with the trial Court. 3. Considering the directions given by the Division Bench of this Court in para 3 of the aforesaid order, the respondent-Sangli Municipal Council is permitted to withdraw 50% of the amount already deposited in the Reference Court and the applicant Nos.1 to 4 are permitted to withdraw remaining 50% of the amount by giving Bank guarantee for 25% of the amount and by giving security to the satisfaction of the Reference Court for the remaining 25% of the amount. The Reference Court is accordingly directed to disburse the amount without delay so that - = : 3 : = - the question about interest may not arise as the amount is lying without fetching any interest. In case, the aforesaid amount is invested in the bank by the order of the Reference Court, then the aforesaid amount be disbursed with interest thereon in proportionate manner. 3. Civil Application is disposed of accordingly with no order as to costs. (P.B.MAJMUDAR J.) (P.B.MAJMUDAR J.) (P.B.MAJMUDAR J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)