1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.2089 of 2009 In First Appeal No.734 of 2008 In L.A.C. No.93 of 1999 (Maharashtra Industrial Development Corporation v. Abdul Sadiq sk. Mehboob and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Sanjeev Deshpande, Advocate for Applicant/Respondent No.1. Shri M.M. Agnihotri, Advocate for Appellant. Coram : A.H. Joshi and A.R. Joshi, JJ. Dated : 26 th November, 2009 1. This is an application by the applicant/respondent No.1 for permission to withdraw the amount of Rs.6,69,476/- deposited by the appellant. 2. On the last date, the learned Advocate for the appellant had submitted that in view of the agreement entered into between the appellant and respondent No.1 in case of land reference of neighbouring land, in Lok Adalat, the compensation has been awarded at the rate of Rs.2,25,000/- per hectare. 3. This Court had, therefore, called upon the appellant to 2 verify if any such final settlement is possible. Learned Advocate for the appellant states that if proposal for settlement is received, it would be considered. 4. Though the fact that such agreement is done is not in dispute, immediate settlement does not seem to be in the offing. Parties want to argue present application. 5. Heard. 6. The learned Advocate for the appellant states that 1/3 rd of the amount deposited by the applicant can be allowed to be withdrawn by the applicant/respondent No.1. 7. In view of the respective submissions and in view that there is no dispute that some enhancement was imperative, this Court is of considered view that 50% of the amount deposited by the appellant can be allowed to be withdrawn by the applicant/respondent No.1 unconditionally and the balance amount can be kept in fixed deposit pending hearing and disposal of the appeal. 8. The applicant/respondent No.1 shall file an undertaking that if the appellant succeeds in appeal and if the enhanced compensation granted by the Reference Court is interpreted by this Court as excess amount, the applicant/respondent No.1 shall be liable to refund the same with interest to the appellant within six months from the date of the judgment. 3 9. Civil Application is allowed in terms of paras 7 and 8 foregoing. 10. No costs. Judge. Judge. pdl