1 c.a.12645.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12645 OF 2010 IN FIRST APPEAL NO. 2664 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr.K.B.Jadhav,Advocate for applicant. Mr.Anand Chaware,Advocate for Resp. No.1 Mr.S.D.Kaldate, Advocate for R.-State. .... CORAM : K. K. TATED, J. DATE : 21st DECEMBER, 2010. PER COURT : . Heard learned counsel for the parties. 2. Present Civil Application is preferred by the applicant - Original claimant for withdrawal of the amount deposited by the respondent No.1 pursuant to the order dated 24th March, 2010 passed by this Court[ CORAM: P.R.BORKAR, J.] in Civil Application No. 3728 of 2010. 3. The learned counsel appearing for the applicant-Original claimant states that 2 c.a.12645.10 though the claimant claimed compensation under Section 18 of the Land Acquisition Act at the rate of Rs.1,200/- per Are for dry crop land and 1-1/2 times more for seasonally irrigated land and double for perennially irrigated land. The Reference Court awarded compensation in respect of dry land at the rate of Rs.800/-(Rupees Eight Hundred) seasonally irrigated land at Rs.1200/-(Rupees One Thousand Two Hundred)and perennially irrigated Rs. 1600/-(Rupees One Thousand Six Hundred) per Are and Pot kharab at the rate of Rs.30/-(Rupees Thirty) per Are only. 4. He further submits that applicant is senior citizen. He require the amount for his day to day expenses. 5. The learned counsel appearing for respondent NO.1 opposed the present civil application. He submits that once amount is allowed to withdraw to the applicant, it is difficult to recover the same, if they succeed in the Appeal. He submits that as per the order passed by this Court, the respondent No.1 deposited the amount of Rs.56,580/-(Rupees Fifty Six Thousand Five Hundred Eighty Only) in the 3 c.a.12645.10 Reference Court. 6. Considering the submissions made by the learned counsel for the parties, averments made in Civil Application, the same is allowed on following terms. i) Applicant is allowed to withdraw the sum of Rs. 56,580/-(Rupees Fifty Six Thousand Five Hundred Eighty) with interest, if any accrued, by furnishing undertaking in the form of affidavit that if the appeal is allowed, applicant shall deposit the said amount with interest within a period of one month. ii) Affidavit be filed in Reference Court. . The Civil Application is disposed of accordingly. Sd/- [ K. K. TATED, J.] MTK.