ca78.11 1 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 78 OF 2011 WITH CIVIL APPLICATION NOS. 79, 81, 278, 279 AND 280 OF 2011 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | Mr. P.R. Katneshwarkar, adv. for the applicant. Mr. P.P. More, AGP for the State. CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 1 st FEBRUARY, 2011. 1 Heard learned counsel for the parties. 2 In these civil applications, the applicants have prayed for allowing them to withdraw 50% of the amount deposited by respondent no. 2 in this court, without furnishing surety and remaining 50% amount with surety to the satisfaction of the Collector. 3 It appears that respondent no. 2 has ca78.11 2 deposited the entire amount of compensation in pursuance of the order passed by this court on 15 th October, 2010 on the civil applications filed by respondent no. 2. Learned counsel for the applicants, at the outset, invited our attention to the order dated 18 th September, 2009 passed in civil application no. 9157/2009 in First Appeal no. 536/2009 and submitted that the applicants would be satisfied if similar order is passed in these civil applications. Learned counsel for respondent no. 2 also has not objected for passing the similar order in these civil applications. Hence, we dispose of these civil applications by the following order :- . The applicants are allowed to withdraw 25% of the amount deposited in this court, without furnishing bank guarantee and another 25% amount on furnishing bank guarantee of any Nationalised /Scheduled bank. The remaining 50% amount shall be invested by the Registrar (Judl.) in fixed deposit in the State Bank of Hyderabad, High Court branch, initially for a period of three years ca78.11 3 and thereafter to be renewed from time to time till final disposal of the appeals. In addition to the bank guarantee the applicants are also directed to file undertaking stating that, in the final judgment / order, if it is found that the amount withdrawn by the applicants -claimants is in excess than the amount to which they are entitled, they would refund the said amount within a period of six weeks from the date of the final judgment / order. The applicants are further directed to furnish copies of the bank guarantee and the undertaking to the advocate of respondent no. 2 within a period of two weeks from the date of furnishing the same. With these observations, civil applications are disposed of. 4 Copy of this order duly authenticated be provided to the learned counsel for the parties. ( R.M. BORDE) ( D.B. BHOSALE ) JUDGE JUDGE dyb