(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 3788 of 2009 (In First Appeal No. 4114 of 2008) Vitthal s/o. Balu Chame, Age : 80 years, Occupation : Nil, R/o. Khandapur, Taluka & District : Latur. .. Applicant. versus 1. The Maharashtra Industrial Development Corporation Ltd., Latur, through its Regional Officer, M.I.D.C., Latur. 2. The State of Maharashtra, Through Collector, Latur. .. Non-applicants. .......................... Mr. A.V. Patil, Advocate, holding for Mr. V.D. Gunale, Advocate, for the applicant. Mr. S.S. Dande, Advocate, for non-applicant no.1. Mr. K.G. Patil, Assistant Government Pleader, for non-applicant no.2. .......................... (2) CORAM : B.R. GAVAI & R.K. DESHPANDE, JJ. DATE : 20TH JULY 2009. COURT'S ORDER : 1. This is an application seeking withdrawal of the amount deposited 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. 255/- per Are was passed by the Collector. In Reference, it has been enhanced at the rate of Rs. 8,000/- per Are. Being aggrieved thereby, the appellant has preferred this appeal. 3. This court, vide order dated 14th January 2009, had granted stay to the execution of the award of the Reference Court on condition that the appellant deposits 50 % of the award amount within 12 weeks from the date of the order. The said amount has been deposited. 4. We find that though the award is in the nature of money decree, however, interest of the prsent 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 The amount deposited by the appellant is permitted to be withdrawn by the applicant (respondent no.1 in First Appeal), however, on furnishing bank (3) guarantee of a nationalized bank, for the amount sought to be withdrawn, to the satisfaction of the Registrar [Judicial] of this court.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/ca3788