1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.1807 Of 2010 In First Appeal No.1234 Of 2008 Sayed Rahmatullaha S/o Sayed Umar. .. Applicant. Versus The Regional Officer, Maharashtra Industrial Development Corporation Latur And Others. .. Respondents. With Civil Application No.1822 Of 2010 In First Appeal No.1233 Of 2008 Sayed Pasha s/o Sayed Azia Ali Died through legal representatives Saberabee w/o Sayed Pasha And Others. .. Applicants. Versus The Regional Officer, Maharashtra Industrial Development Corporation Latur And Others. .. Respondents. 2 With Civil Application No.1824 Of 2010 In First Appeal No.1235 Of 2008 Datta s/o Vishwanath Maske And Others. .. Applicants. Versus The Regional Officer, Maharashtra Industrial Development Corporation Latur And Others. .. Respondents. With Civil Application No.1826 Of 2010 In First Appeal No.1232 Of 2008 Saheb Baig S/o Budhen Baig Died through legal representatives Khatunbee W/o Saheb Baig And Others. .. Applicants. Versus The Regional Officer, Maharashtra Industrial Development Corporation Latur And Others. .. Respondents. With Civil Application No.1827 Of 2010 In 3 First Appeal No.1231 Of 2008 Shikoor Baig S/o Lal Baig .. Applicant. Versus The Regional Officer, Maharashtra Industrial Development Corporation Latur And Others. .. Respondents. -------- Shri. S.U. Choudhary, Advocate holding for Shri. S.P. Deshmukh for the applicant. Shri. S.S. Dande, for respondent No.1. Shri. S.V. Kurundkar, Additional Government Pleader for respondent – State. -------- CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 27th AUGUST 2010 PER COURT : 1) Heard. 2) All these civil applications are heard together and being disposed of by common order 4 as the prayers made in these applications are identical. 3) We are disturbed to note that the applicants, in the facts of the case, have not annexed all the relevant orders passed in respective civil applications filed by the applicants in the proceedings of these first appeals. This has caused inconvenience to the Court and sufficient time is consumed in searching the disposed record and the orders passed by this Court. 4) From the material placed before us we could gather that at the initial stage the applicant in First Appeal No.1231 of 2008 was permitted by the Court to withdraw entire amount deposited by the acquiring body by furnishing bank guarantee (Civil Application No.7333 of 2008 in First Appeal No.1231/2008). 5 Thereafter the applicant filed Civil Application No.2189 of 2009 in Civil Application No.7333 of 2008 and prayed for modification of the said order. Accordingly the Court, in the light of the averments made in the application, modified the order and allowed the applicant to withdraw the amount by furnishing bank guarantee for 50% of the amount and furnishing solvent surety in respect of remaining 50% of the amount. The applicant thereafter filed one more application i.e. Civil Application No.6733 of 2009 in Civil Application No.2192 of 2009 in First Appeal No.1234 of 2008 for claiming further relaxation by way of modification to allow the applicant to withdraw the 50% of the amount which was to be withdrawn by furnishing bank guarantee, on furnishing solvent surety. by order dated 30th July 2009 the Court (Coram: P.V. Hardas and N.D. Deshpande, JJ) 6 dismissed the application. There is one more application being Civil Application No.7498 of 2008 seeking withdrawal of the amount with 50% of the interest. 5) The applicants ought to have desisted from filing repeated applications for the same cause of action. In the facts of the case we find that, seeking further modification of the order was not at all warranted. The applications suffer from suppression of facts. 6) On merits we are not inclined to grant the prayers made by the applicants. The civil applications are dismissed with cost of Rs. 2000/- in each application to be deposited within 4 weeks from today. Sd/- Sd/- (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ ca.1807.10