ca3920.11 1 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 3920 OF 2011 IN FIRST APPEAL NO. 774 OF 2005 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 | CORAM : R.M. BORDE, J. DATE : 24 th MARCH, 2011. 1 Applicants are seeking withdrawal of the balance of 50% of the amount deposited by the State before the reference court and which has been directed to be deposited in fixed deposit. In view of the earlier order passed by this court on 23-11-2007 in Civil Application no. 9107/2007, the request of the applicant for permitting him to withdraw 50% of the amount deposited by the State before the reference court was rejected and it was directed to invest the amount in the Nationalised bank. The request tendered by the applicant for withdrawal of 50% of the amount was ca3920.11 2 rejected for the reason that the applicant was already permitted to withdraw 50% of the amount deposited by the State before the executing court and the said amount has been withdrawn by the applicant. 2 Instant application needs sympathetic consideration for the reason that applicant no. 4 is stated to be suffering from cardiac disease and is required to undergo double vessel engeoplasty. The applicants have annexed the papers in respect of treatment being administered to applicant no. 4. Applicants, alongwith the application, have also tendered the estimate of probable expenses for undergoing double vessel engeoplasty which approximately comes to Rs.1,80,000/-. 3 Considering the above circumstances, the request made by the applicants for withdrawal of the amount deposited with the reference court towards enhanced compensation needs to be cosidered favourably. Applicants have also undertaken to furnish bank guarantee to ca3920.11 3 the satisfaction of the reference court in respect of the amount sought to be withdrawn. Application is therefore allowed. Applicants are permitted to withdraw balance of 50% of the amount deposited with the reference court and which has been invested in fixed deposit, on furnishing bank guarantee for the like amount. Civil application stands disposed of. ( R.M. BORDE) JUDGE dyb