1 CA 16725.2010 in FA 841.2003 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 16725 OF 2010 IN FIRST APPEAL NO. 841 OF 2003 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. V.G.Mete, Advocate for the applicant. ............................... CORAM : S.V. GANGAPURWALA, J. DATE : 03/12/2010 PER COURT : 1. This is an application seeking withdrawal of amount of Rs. 3,45,954/- deposited by the respondent. 2. The respondent has deposited an amount of Rs. 44,42,243/-. Earlier, the present applicant was allowed to withdraw an amount of Rs. 3,00,000/- on furnishing security of the like amount and subsequently he is also allowed to withdraw Rs. 18,00,000/- on furnishing bank guarantee. The learned counsel states that while furnishing the bank guarantee, the total amount has been retained by the bank in Fixed deposit and the applicant could not get anything. The applicant could not withdraw Rs. 3,00,000/- as per the order 2 CA 16725.2010 in FA 841.2003 dated 17/4/2009 as he could not get the security of the said amount. The learned counsel submits that total land has been acquired and he is not in a position to give security in spite of the fact that Award to the extent of Rs. 44,42,213/- is in his favour, he has not received any amount. 3. The earlier order is already passed allowing the present applicant for withdrawal of Rs. 3,00,000/-. The applicant contends that he may be allowed to withdraw the same amount by giving an undertaking in stead of security. That would not be the sufficient safe-guard of the amount. 4. In that light of the matter, the Order dated 17/4/2009 is modified to the extent that instead of furnishing security, the applicant is allowed to withdraw Rs. 3,00,000/- on furnishing the solvent surety of the like amount. The present Civil Application as such is disposed of with above observations. [ S.V. GANGAPURWALA ] JUDGE knp/CA 16725.2010 in FA 841.2003