IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6499 OF 2009 IN FIRST APPEAL (ST) NO. 12021 OF 2009 Maharashtra Industrial Development Corporation Versus Pandhari Vithal Chame and others ... Shri S.S.Dande, Advocate for the applicant and Shri Mahesh S.Patil, Advocate for respondent No.1. ... CORAM : S.B.DESHMUKH & SHRIHARI P.DAVARE, JJ. Dated : 20.11.2009 PER COURT :- 1. Heard learned counsel for the respective parties. 2. Rule. By consent, Rule made returnable forthwith. 3. The applicant has preferred this application requesting to stay the effect and operation of the judgment and award dt. 25.11.2008, passed by the learned III Joint Civil Judge (Senior Division), Latur in Land Acquisition Reference No.572 of 1999 during pendency of the accompanying appeal. 4. Learned counsel for the applicant has pointed out that in the identical matter, the Division Bench of this Court has already stayed the effect and operation of the impugned judgment and award. In this view of the matter, we are inclined to allow the present application. 2 5. The application is allowed in terms of prayer clause (A) on condition that the applicant shall deposit 50 per cent of the amount awarded in this Court within the period of eight weeks from today. It is further made clear that on deposit of the aforesaid amount, the respondents / claimants shall be entitled to withdraw 50 per cent of the amount so deposit without furnishing any surety and remaining 50 per cent of the amount shall be permitted to be withdrawn by respondents / claimants on furnishing the Bank Guarantee of any Nationalized or Scheduled Bank to the satisfaction of the Registrar (Judicial) of this Court by giving an undertaking to the effect that if in the final judgment and order it is found that the amount withdrawn by the respondents / claimants is in excess of the amount to which they are entitled, they would refund the said amount. 6. Rule is made absolute accordingly. No order as to costs. (SHRIHARI P.DAVARE,J.) (S.B.DESHMUKH,J.) ... akl