1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2504 OF 2008 CIVIL APPLICATION NO. 2504 OF 2008 CIVIL APPLICATION NO. 2504 OF 2008 in FIRST APPEAL NO. 628 OF 2008 M/s. Space Builders and Developers ..Appellant (Orig. Claimant) Vs. Shri Suresh Narayan Gore & Ors. ..Respondents Mr. R.S.Apte, i/b. Mr.Mandar Limaye, Advocates, for the appellant. Mr. P.K.Hushing, Advocate, for the respondents. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 9th September,2008 DATE: 9th September,2008 DATE: 9th September,2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. 2 2. The land belonging to respondent Nos. 1 to 4 was acquired for road widening and the compensation was awarded. The appellant made land reference for apportionment of compensation as according to him, under the said agreement of development, he had the right to receive compensation of the said land. The claim of the present appellant was rejected by the reference Court. Hence, he has preferred the Appeal and the Appeal is admitted. 3. By this Application,the appellant seeks to restrain the respondent Nos.1 to 4 from withdrawing the amount which is deposited by the SLAO. It is true that the appeal is admitted and the rights of the parties are to be decided on the basis of interpretation of the agreement between the parties. However, the present appellant, who is not the owner of the property and who has already lost claim before the lower Court, has filed this application to restrain the respondents 1 to 4 from withdrawing the amount. The learned Counsel for respondent Nos.1 to 4 makes a statement that the respondent Nos. 1 to 4 shall furnish security to the satisfaction of the trial court and give an undertaking to bring back the amount if so required. This statement accepted. 3 4. Therefore, the respondents 1 to 4 shall be allowed to withdraw the amount deposited with the Special Land Acquisition Officer subject to their filing security to the satisfaction of the trial Court and also filing an undertaking that they shall bring back the amount if so directed. 5. The respondent No.s 1 to 4 shall be allowed to withdraw the amount within 2 months and in case they are unable to furnish the security or fail to file undertaking within specific period, that amount with interest which may have actually accrued shall be invested in fixed deposit with some nationalised bank for a period of 3 years and shall be subject to renewal from time to time pending the appeal. The amount so deposited and interest thereon shall be subject to the result of the appeal. Application stands disposed of. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)