(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 2826 of 2009 (In First Appeal No. 4185 of 2008) Madhav s/o. Digambarrao Suryawanshi .. Applicant (Respondent no.1 in F.A. ) versus Maharashtra Industrial Development .. Non-applicants Corporation, through its Regional Officer, (No.1 - Appellant M.I.D.C., Latur, in F.A. & & 2 others. Nos.2 & 3 - Respondent nos.2 & 3 in F.A.) .......................... Mr. D.B. Pawar, Advocate, for the applicant. Mr. S.S. Dande, Advocate, for non-applicant no.1. Mr. S.K. Kadam, Assistant Government Pleader, for non-applicant nos.2 and 3. .......................... CORAM : B.R. GAVAI & R.K. DESHPANDE, JJ. DATE : 20TH JULY 2009. COURT'S ORDER : 1. This is an application for withdrawal of the amount deposited (2) by the appellant in this court. 2. The land of the respondent (applicant in the Civil Application) has been acquired by the appellant. Initially an award at the rate of Rs. 600/- per Are was passed by the Collector. In Reference, it has been enhanced at the rate of Rs. 5000/- per Are. Being aggrieved thereby, the appellant has preferred this appeal. 3. While admitting the appeal, this court had granted stay to the execution of the decree, on condition that the 50 % of the amount of compensation awarded by the Reference Court be deposited within eight weeks from the date of the order i.e. 8th December 2008. The said amount has been deposited. 4. We find that though the decree is in the nature of money decree, however, interest of the present non-applicant no.1, which is organ of the State, also needs to be secured. 5. In that view of the matter, the Civil Application is allowed. The amount deposited by the appellant is permitted to be withdrawn by the applicant (respondent no.1 in First Appeal), however, on furnishing bank guarantee of a nationalized bank, for the amount sought to be withdrawn, to the satisfaction of the Registrar [Judicial] of this court. ( R.K. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE bgp/ca2826