ca16924.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 16924 OF 2010 IN FIRST APPEAL NO. 779 OF 2007 Samer Bahadursing Tahasildarsingh ( Deceased through LRs) .. APPLICANTS VERSUS The State of Maharashtra & others .. RESPONDENTS Mr. D.R. Jayabhar, advocate for the applicants. Mr. P.P. More, AGP for the State. ===== CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 24 th FEBRUARY, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 By this civil application, the applicants are seeking modification of the order dated 28th July, 2009, passed on Civil Application no. 4149/2009 in First Appeal no. 779/2007. The relevant portion of the order of which the applicants are seeking modification reads thus :- ca16924.10 2 (iii) Perused the record and the order passed by the Reference Court. In the facts and circumstances of the present case, we are of the opinion that ends of justice would be met by permitting the present applicants to withdraw 75% of the amount deposited by the Appellant/State in this Court, subject to the condition that the applicants shall furnish a solvent surety to the extent of 25% of the total amount covered by the Reference Award and shall furnish bank guarantee of a nationalised bank to the extent of 50% of the amount covered by the Reference Award. The Bank guarantee shall be kept alive till decision of Appeals. The remaining 25% amount shall be invested in a Fixed Deposit (FDR) with a Nationalised bank, initially for period of one year and shall be kept renewed and alive till the decision of these appeals. The amounts which are permitted to be withdrawn by the applicants be remitted to the Executing Court, as mentioned in prayer clause (B) of the civil applications". 3 The applicants are now seeking permission to withdraw the entire 75% of the amount, as has been allowed to withdraw by the aforementioned order, by furnishing bank guarantee of a Nationalised Bank. Learned AGP has no objection for such modification. In the circumstances, the aforementioned paragraph of the order dated 28th July, 2009, is modified only to the following extent : ca16924.10 3 . “The applicants are allowed to withdraw 75% of the amount deposited by the appellant - State in this court, on their furnishing bank guarantee of a Nationalised Bank.” . Rest of the order, whereby the applicants are directed to keep the bank guarantee alive till the decision of the appeal shall remain unaltered. . It is needless to mention that the applicants shall furnish a copy of the bank guarantee to the learned AGP appearing in the matter, within a period of two weeks from the date of its furnishing. 4 The civil application is disposed of. ( R. M. BORDE ) ( D.B. BHOSALE ) JUDGE JUDGE dyb