1Ladda C.A.No.4007/11 in F.A.No.1170/2009 along with 33 other group matters of cause list dated 23.9.2011. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION TITLE AS PER CAUSE LIST DATED 23.9.2011. 1. CIVIL APPLICATION No.4007/2011 IN FIRST APPEAL No. 1170/2009 WITH 2. CIVIL APPLICATION No.4008/2011 IN FIRST APPEAL No. 1171/2009 WITH 3. CIVIL APPLICATION No.1807/2011 IN FIRST APPEAL No. 1631/2009 WITH 4. CIVIL APPLICATION No.1808/2011 IN FIRST APPEAL No. 1187/2009 WITH 5. CIVIL APPLICATION No.1809/2011 IN FIRST APPEAL No. 1185/2009 WITH 6. CIVIL APPLICATION No.4009/2011 IN FIRST APPEAL No. 1172/2009 WITH 7. CIVIL APPLICATION No.4010/2011 IN FIRST APPEAL No. 1173/2009 WITH 2Ladda C.A.No.4007/11 in F.A.No.1170/2009 along with 33 other group matters of cause list dated 23.9.2011. 8 CIVIL APPLICATION No.4011/2011 IN FIRST APPEAL No. 1175/2009 WITH 9 CIVIL APPLICATION No.4012/2011IN FIRST APPEAL No. 1176/2009 WITH 10 CIVIL APPLICATION No.4013/2011 IN FIRST APPEAL No. 1177/2009 WITH 11 CIVIL APPLICATION No.4014/2011 IN FIRST APPEAL No. 1178/2009 WITH 12 CIVIL APPLICATION No.4015/2011 IN FIRST APPEAL No. 1179/2009 WITH 13 CIVIL APPLICATION No.4016/2011 IN FIRST APPEAL No. 1180/2009 WITH 14 CIVIL APPLICATION No.4017/2011 IN FIRST APPEAL No. 1181/2009 WITH 15 CIVIL APPLICATION No.4018/2011 IN FIRST APPEAL No. 1182/2009 WITH 16 CIVIL APPLICATION No.4019/2011 IN FIRST APPEAL No. 1183/2009 WITH 3Ladda C.A.No.4007/11 in F.A.No.1170/2009 along with 33 other group matters of cause list dated 23.9.2011. 17 CIVIL APPLICATION No.4020/2011 IN FIRST APPEAL No. 1184/2009 WITH 18 CIVIL APPLICATION No.4021/2011 IN FIRST APPEAL No. 1186/2009 WITH 19 CIVIL APPLICATION No.4022/2011 IN FIRST APPEAL No. 1188/2009 WITH 20 CIVIL APPLICATION No.4023/2011 IN FIRST APPEAL No. 1189/2009 WITH 21 CIVIL APPLICATION No.4024/2011 IN FIRST APPEAL No. 1190/2009 WITH 22 CIVIL APPLICATION No.4025/2011 IN FIRST APPEAL No. 1191/2009 WITH 23 CIVIL APPLICATION No.4026/2011 IN FIRST APPEAL No. 1192/2009 WITH 24 CIVIL APPLICATION No.4027/2011 IN FIRST APPEAL No. 1617/2009 WITH 25 CIVIL APPLICATION No.4028/2011 IN FIRST APPEAL No. 1618/2009 WITH 4Ladda C.A.No.4007/11 in F.A.No.1170/2009 along with 33 other group matters of cause list dated 23.9.2011. 26 CIVIL APPLICATION No.4029/2011 IN FIRST APPEAL No. 1619/2009 WITH 27 CIVIL APPLICATION No.4030/2011 IN FIRST APPEAL No. 1620/2009 WITH 28 CIVIL APPLICATION No.4031/2011 IN FIRST APPEAL No. 1621/2009 WITH 29 CIVIL APPLICATION No.4032/2011 IN FIRST APPEAL No. 1624/2009 WITH 30 CIVIL APPLICATION No.4033/2011 IN FIRST APPEAL No. 1625/2009 WITH 31 CIVIL APPLICATION No.4034/2011 IN FIRST APPEAL No. 1626/2009 WITH 32 CIVIL APPLICATION No.4035/2011 IN FIRST APPEAL No. 1627/2009 WITH 33 CIVIL APPLICATION No.4036/2011 IN FIRST APPEAL No. 1628/2009 WITH 34 CIVIL APPLICATION No. 4037/2011 IN FIRST APPEAL No. 1630/2009 5Ladda C.A.No.4007/11 in F.A.No.1170/2009 along with 33 other group matters of cause list dated 23.9.2011. Office Notes, Office Memoranda Of Coram, appearances, Court’s Orders directions and Registrar’s Orders Court’s Or Judge’s Orders Mr Sachin Punde, Advocate for the applicants in all civil applications. Mr G.S.Hegde with Mr C.M. Lokesh i/b M/s A.R.Bhole & Co for the appellant in all first appeals. Mr S.D.Rayrikar, A.G.P.for respondent – State in all matters. CORAM : RANJIT MORE, J. DATED : 23 September, 2011. P.C.: 1. The above civil applications are proposed to be disposed of by this common order as all the first appeals in which the civil applications are filed arise out of a common order dated 3.4.2008 passed by Ad-hoc District Judge-10, Pune ( for short “Reference Court”). 2. Heard learned counsel for the respective parties. 3. Above first appeals arise out of an Award under Section 34 of the M.I.D.C. Act. By the said Award, the references filed by the applicants came to be allowed, partly, thereby amount awarded by the S.L.A.O. was increased to Rs.30,000/- from Rs.19,000/- per hectare. The above first appeals are admitted by this Court after hearing both the sides. Stay to the impugned Award is also granted, subject to the respondent No.1/appellant 6Ladda C.A.No.4007/11 in F.A.No.1170/2009 along with 33 other group matters of cause list dated 23.9.2011. depositing an amount covered by the Award under challenge in the Reference Court. Respondent No.1, accordingly, has deposited an amount covered under the Award and same is directed to be invested in a Nationalized Bank initially for a period of three years and to be renewed thereafter during the pendency of the first appeals. 4. Present civil applications are filed for withdrawal of the amount which is deposited by the respondent No.1 in the Reference Court. The applicants contend that they are small farmers. That Award was passed by the District Court after hearing both the sides and, therefore, they be allowed to withdraw the amount as no prejudice would be caused to the respondent No.1. Mr Hegade learned counsel for respondent No.1, on the contrary, submits that the reference made by the applicants before the District Court prima facie is barred by limitation. He says that he has very good case on merit and if the applicants are allowed to withdraw the amount, the appellant will not get back the amount, in case it succeeds. 5. Having heard learned counsel for the respective parties, in my opinion, the interest of the applicants as well as respondent No.1 can be protected by passing the following order:- 7Ladda C.A.No.4007/11 in F.A.No.1170/2009 along with 33 other group matters of cause list dated 23.9.2011. ORDER. (a) All applicants in the aforesaid civil applications are allowed to withdraw the amount along with interest deposited by the respondent No.1 on furnishing bank guarantee of a Nationalized bank or a Schedule bank for that amount and they shall renew the bank guarantee, from time to time during the pendency of the appeals in this Court and for a period of three months after the disposal of the first appeals. (b) In the event respondent No.1 succeeds in the aforesaid first appeals, all the applicants shall return the amounts which they have withdrawn in pursuance of this order along with interest at the rate prevailing on the date of disposal of the first appeals, or as may be ordered by this Court to the respondent No.1. (c) Before withdrawal of the amount, the applicants shall file undertaking in the Reference Court in terms of clause (a) and (b) of this order. All aforesaid civil applications are disposed of on the above terms. (RANJIT MORE, J.)