1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6012 OF 2008 IN FIRST APPEAL NO.1028 OF 2007 Ashok Tanaji Ayare .... Applicant Vs. State of Maharashtra & Ors. .... Respondent Mr. Suresh S. Pakale, Advocate for applicant. Mr. A.R. Patil, G.P. for respondent. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 15th June, 2009 P.C. 1. By the order dated 4th April 2007, this Court had granted liberty to the applicant herein who is respondent to the First Appeal to withdraw the amount of compensation deposited in the Court on furnishing security to the satisfaction of the trial Court. When the applicant approached the trial Court for withdrawal of the amount, it directed him by the order dated 20th November 2007 to give bank guarantee for the entire amount of Rs.3,31,488/-. Mr.Pakale, learned counsel for the applicant submits that the applicant is not in a position to give bank guarantee for the entire amount, therefore,the order be modified and direction be issued for giving bank guarantee only to the extent of 50% of the amount to be withdrawn and the balance amount be allowed to be withdrawn without security. 2. Considering the fact that the claim of the applicant to the compensation is not disputed and the dispute is only in respect of the 2 quantum. The Civil Application is disposed off with the following order. O R D E R The applicant is at liberty to withdraw 50% of the amount deposited by respondent without furnishing any security and the balance 50% amount on furnishing bank guarantee. (SMT.R.P. SONDURBALDOTA,J)