1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.230/2011 IN FIRST APPEAL NO.1110/2010 Vidarbha Irrigation Development Corporation Versus Sahebrao s/o Padmakar Gole and others _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri A.B. Patil, Advocate for the appellant, Shri R.M. Sharma, Advocate h/f Shri Anand Parchure, Advocate for respondent No.1 Shri S.M. Bhagde, A.G.P. for respondent Nos. 2 and 3. CORAM : R.M.SAVANT, J. DATED : 24.01.2011. By the above civil application, the applicant/respondent No.1 seeks to withdraw the entire balance amount of the decretal amount, which is deposited in the trial Court. The total decretal amount deposited by the original appellant-V.I.D.C. is an amount of Rs.7,94,625/-. At the stage of hearing of the earlier application filed by the applicant, he was allowed to withdraw an amount of Rs.2,50,000/- on furnishing the solvent surety. In the instant application, the reasons why the applicant/respondent No.1 needs money have been mentioned in paragraphs 11 of this application namely that 2 the applicant/respondent No.1 is suffering from some renal problem in which the treatment would cost about Rs.3,50,000/-. The question in the appeal is whether the applicant/respondent No.1, who is the original plaintiff, would be entitled to the entire decretal amount, which has been awarded on account of damages. Considering the controversy involved in the above appeal, as also considering the fact that the applicant/respondent No.1 was allowed to withdraw Rs.2,50,000/- earlier and taking into consideration the ailment of the applicant/respondent No.1, in my view, the interest of justice would be served if the appellant/ respondent No.1 is allowed to withdraw a further amount of Rs.1,50,000/- on the same terms as the earlier amount of Rs.2,50,000/- was allowed to be withdrawn, namely by furnishing surety/security to the satisfaction of the trial Court. The Civil Application is accordingly disposed of. JUDGE pma