1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION CAF No. 103 of 2011 IN FIRST APPEAL NO. 727 OF 2008 [Maharashtra Industrial Development Corporation Vs. Ananda Ganpat Gajbhiye & Ors.] Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri A. G. Ramteke Adv h/f Shri M. M. Agnihotri Adv for applicant. Shri P. N. Khobragade Adv for non applicant/respondent-1. CORAM: .R. M. SAVANT J. Dated: 18 th JANUARY, 2011. The above Civil Application has been filed for modification of the order dated 27th October 2010 passed in Civil Application No. 2650 of 2010 which was filed by the applicant above named, for withdrawal of the amount on account of exigencies mentioned in the said application. By the said order dated 27.10.2010 this Court had permitted the applicant to withdraw an amount of Rs. 75,000/- on furnishing solvent surety/security 2 to the satisfaction of the learned Registrar of this Court and the balance amount of Rs. 25,000/- and the amount which would be deposited by the M. I. D. C. within the time that was stipulated was to be placed in fixed deposit account of a nationalized bank in terms of the directions contained in the said order. The occasion to file the above civil application no. 103 of 2011 has arisen on account of the fact that incorrect statements as regards the decretal amount were made by the learned counsel for the appellant/M. I. D. C. at the time when the order dated 26.02.2010 came to be passed as well as order dated 18.08.2010 in Civil Application No. 1342 of 2010 came to be passed. Initially the appellant/M. I. D. C. deposited an amount of Rs. 1,12,000/- which was according to it the decretal amount. Thereafter when Civil Application No. 1342 of 2010 was moved a statement came to be made on behalf of the appellant/M. I. D. C. in the said Civil Application that the amount of Rs. 1,70,180/- has been deposited on 20.04.2009 and the balance amount of Rs. 56,677/- would be deposited within 4 weeks. Aforesaid amounts were supposedly mentioned on the basis of calculation made by the appellant/M. I. D. C. This was notwithstanding the fact that only an amount of Rs. 1,12,000/- was deposited as the decretal amount which finds a mention in the first order dated 26.02.2010. Thereafter it appears that the appellant/ M. I. D. C. calculated the decretal amount and has deposited a sum of Rs. 2,28,319/- on 12.11.2010, therefore according to M. I. D. C. the decretal amount came to Rs. 1,12,000/- + Rs. 2,28,319/- 3 i.e. an amount of Rs. 3,40,319/-. In the light of the aforesaid facts the order dated 27.10.2010 would have to be modified in so far as the balance amount which would lie deposited is concerned. The appellant no doubt would be entitled to withdraw an amount of Rs. 75000/- in terms of the order dated 27.10.2010 but the balance of the amount lying after deducting the sum of Rs. 56,000/- which was allowed to be withdrawn earlier by order dated 26.02.2010 and Rs. 75,000/- which is allowed to be withdrawn by order dated 27.10.2010, i. e. the amount of Rs. 2,09, 319/- would therefore be placed in a fixed deposit account of a nationalized bank initially for a period of three years and renewed thereafter from time to time during the pendency of the appeal. Civil Application is accordingly disposed of. JUDGE svk 4 5 6