1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 747 OF 2005 WITH CIVIL APPLICATION NO. 3864 OF 2009 Ichalkaranji Municipal Council ........Appellant versus Sarjerao Laxmanrao Ghorpade & ors........Respondent. Mr. Tejpal S. Ingale adv. for the appellant. Mr. M.L. Patil adv. for the Respondent no.1. Mrs. G.P. Mulekar AGP for State CORAM: A.P. DESHPANDE AND R.P. SONDUR BALDOTA, JJ. DATED : 26th March, 2010. P.C.: 1. By consent of parties, appeal is admitted and hearing expedited. Printing of paper book is dispensed with in view of the filing of the private paper book by the appellant. (A.P.DESHPANDE, J.) (R.P. SONDURBALDOTA,J.) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3864 OF 2009 IN FIRST APPEAL NO. 747 OF 2005 Sarjerao Laxmanrao Ghorpade & ors ........Appellant versus Ichalkaranji Municipal Council ........Respondent. Mr. M.L. Patil adv. for the appellant. Mr Tejpal S. Ingale adv. for the Respondent no.1. Mrs. G.P. Mulekar AGP for State CORAM: A.P. DESHPANDE AND R.P. SONDUR BALDOTA, JJ. DATED : 26th March, 2010. P.C.: 1. By the present application, the applicant is seeking permission to withdraw the amount of enhanced compensation granted by the Reference Court. According to the appellant, compensation has been enhanced by a sum of Rs.4,43,406 along with interest at the rate of 15% per annum on the sum of Rs. 2,97,588/­ with effect from 27th November 2004. The appellant has deposited the amount covered by the award at two places. A sum of Rs. 4,87,799 has been deposited by the respondent in this application (appellant) in the High Court whereas a sum of Rs. 3 4,01,049/­ has been deposited in the District Court. Partly allowing the application, we permit the applicant to withdraw the sum of Rs. 4,87,799 which is deposited and lying in this court subject to furnishing of bank guarantee. The bank guarantee shall be kept alive till the decision of the appeal, The prayer clause (b) is rejected and the amount of Rs. 4,01,049/­ deposited in the District Court no.1, Ichalkaranji is directed to be invested in a fixed deposit with nationalized bank initially for a period of three years, to be renewed till disposal of the appeal. Application is disposed of. (A.P.DESHPANDE, J.) (R.P. SONDURBALDOTA,J.)