vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.300 OF 2007 CIVIL APPLICATION NO.300 OF 2007 CIVIL APPLICATION NO.300 OF 2007 IN FIRST APPEAL NO.1479 OF 2005 FIRST APPEAL NO.1479 OF 2005 FIRST APPEAL NO.1479 OF 2005 Commission on Ecumenical Mission and Relations of United Presbyterian Church in USA ... Applicant V/s. State of Maharashtra & ors.. .. Respondents Mr.S.K. Mulla h/f. R.M. Momin for Applicant Mr.A.R. Patil, AGP, for Respondent-State CORAM: S.B. MHASE & S.B. MHASE & S.B. MHASE & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: FEBRUARY 20, 2007 FEBRUARY 20, 2007 FEBRUARY 20, 2007 P.C.: P.C.: P.C.: . This is an application for withdrawal of the amount deposited in the trial Court by the Respondent-State. It is an enhanced amount under the Land Reference No.30 of 1996. The land has already been acquired and thereafter these proceedings for enhancement were taken. We find in the facts and circumstances of the case to release 50% of the amount without surety and the remaining 50% on Bank Guarantee. We, therefore, pass the following order: i) The trial Court is hereby directed to release 50% of the amount in favour of the applicant : 2 : without surety and the remaining 50% shall be paid to the respondent on furnishing a Bank Guarantee within four weeks from today. ii) In case the respondents fails to furnish the bank guarantee in the stipulated period, the said 50% amount shall be deposited in a nationalised bank, initially for a period of 3 years and if the Appeal pending before this Court is not disposed off by that time, the trial Court shall proceed to invest the said amount in the nationalised bank on a year to year basis till the final disposal of the Appeal. 2. Civil Application is disposed off accordingly. (NISHITA MHATRE, J.) (S.B. MHASE, J.)