1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 831 OF 2011 IN FIRST APPEAL ST. NO. 29060 OF 2009 Anna s/o Dhondiba (Utale) Dhale ...Applicant VERSUS Godavari Marathwada Irrigation Depot Corporation, Aurangabad The Executive Engineer, Lower Dudhana Project Division Selu and ors. ...Respondents ..... Shri B.R.Kedar, advocate for the applicant Shri P.L.Suryawanshi, holding for Shri Anand Chavare, advocate for respondent no.1 Shri T.S.Lodhe, A.G.P. for respondent nos. 2 and 3. ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 10 th February, 2011 PER COURT : 1 Heard Shri B.R.Kedar, advocate for the applicant, Shri P.L.Suryawanshi, holding for Shri Anand Chavare, advocate for respondent no.1, and Shri T.S.Lodhe, A.G.P. for respondent nos. 2 2 and 3. 2 This is an application preferred by the applicant seeking withdrawal of the amount deposited by respondent no.1 in the Trial Court. It appears that the Reference filed by the present applicant was allowed by the Reference Court and respondent no.1 has assailed the said award in the present appeal, and respondent no.1 has assailed the said award in the present appeal. 3 Learned counsel for respondent no.1 opposed the present application contending that the Reference Court has awarded excessive compensation to the claimant. 4 On the face of the said position, Shri B.R.Kedar, learned counsel for the applicant invited my attention to the order passed in connected matter i.e. Civil Application No. 12646 of 2010 in First Appeal St. No. 29046 of 2009 by this Court on 19.11.2010, arising out of the same award, wherein the order has been passed by this court allowing the applicant to withdraw the amount of Rs. 25,000/- on furnishing undertaking in the affidavit form stating that if the appeal is allowed, the applicant shall deposit the said amount along with interest within the period of one month and the applicants were 3 allowed to withdraw the remaining balance amount on furnishing solvent security to the satisfaction of the Reference Court. 5 Considering the rival submissions, keeping the amount in the court would not serve the interest of anybody, and therefore, the amount is required to be permitted to be withdrawn by the applicant taking the necessary safeguards in that respect, in the interest of justice. 6 In the result, the present application is allowed and the applicant is permitted to withdraw the amount of Rs. 25,000/- on furnishing an undertaking in the form of affidavit that if the appeal is allowed, the applicant shall deposit the said amount along with interest within the period of one month. The applicant is also permitted to withdraw the balance remaining amount on furnishing solvent security to the satisfaction of the Reference Court and with the said directions, the present application stands disposed of. (SHRIHARI P. DAVARE, J.) dbm/ca831.11