1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9345 OF 2009 IN FIRST APPEAL NO. 4176 OF 2008 Bharat Vithalrao Halwai and another .. Applicants Versus 1. Maharashtra Industrial Development Corporation and another .. Respondents Shri V. D. Gunale, Advocate for the Applicant. Shri S. S. Dande, Advocate for the Respondent No. 1. Shri S. K. Tambe, A.G.P. for the Respondent No. 2. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 23RD SEPTEMBER, 2009. ORAL ORDER [Per B. R. Gavai, J. ] : 1. This is an application for withdrawal of the amount which is deposited in this Court. The appellant has deposited 50% of the amount under award. 2. The civil application is partly allowed. 3. The 50 per cent of the amount deposited would be permitted to be withdrawn by the applicants without furnishing any surety on an undertaking that, in the event if it is found that the amount 2 withdrawn by the applicants is excess than one to which they are entitled, they shall refund the amount. The 50 per cent of the amount deposited would be permitted to be withdrawn by the applicants on furnishing bank guarantee of the Nationalized/Scheduled Bank. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/Sept. 09