1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.F. NO. 377/09 IN F.A. NO. 253/08, State of Mah. & others .vs. Ramesh M. Bhamkar & another ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : PRASANNA B. VARALE, J. DATED : MARCH 20, 2009. Heard Mr. Thakare, learned AGP for applicants and Mr. Joshi, learned Counsel for respondent no. 1. This is an application moved by the State for recalling the order dated 29.1.2009. The learned AGP submitted that the appellants/applicants have deposited the demand draft of Rs.8,77,238/- on 6.1.2009. The learned AGP further submits that on 25.3.2008 the appeal filed by the State is admitted and an interim stay was granted on condition that the appellant deposits the amount of award in this Court within a period of four weeks. As the amount was not deposited within stipulated period, the extension was sought by order dated 10.6.2008 and further extension by order dated 9.7.2008. The learned AGP further submits that an amount of Rs.4,30,313/- was deposited by the appellant State in this Court on 22.7.2008. He further submits that the Land Acquisition Officer under bonafide mistake, made wrong calculations and calculated the amount of Rs.13,65,418/- and under the impression that as the amount of Rs.4,30,313/- is already deposited in the Court, rest of the amount i.e. Rs.8,77,238/- is to be paid in this Court and accordingly, forwarded a demand draft of the 2 said amount, i.e. Rs.8,77,238/- which was deposited by the appellant State in this Court on 6.1.2009. The learned AGP further submits that it was noticed by the appellants/applicants that excess amount is deposited in the Court. The chart of those calculations is annexed to the application which is at Annexure R-1. The learned Advocate for the respondent no.1 raised an objection and by the reply to the application, it is submitted that the appellants/applicants have deposited an amount of Rs.3,40,289/-. The chart of those calculations is annexed to the reply at page no.5. The learned AGP further submits that even as per the chart annexed to the application by the Special Land Acquisition Officer, the total sum comes to the tune of Rs.6,71,371/-. As per the chart, the claimant is entitled for the amount of Rs.2,41,058/-. It is not in dispute that the appellant State has already deposited an amount of Rs.4,30,313/- in this Court. Taking an overall view of the matter and as it is submitted that it is a matter of purely bonafide mistake and wrong calculations, in my opinion, in the interest of justice it will be appropriate to allow the applicant/appellant State to withdraw an amount of Rs.6,36,118/- out of the amount of Rs.8,77,238/-. It is needless to say that without prejudice to the rights of the parties. The objection raised by the learned Counsel for the respondent can be considered at the time of appropriate stage of hearing of the appeal. The application is partly allowed in terms of the abovesaid direction. The application is disposed of accordingly. J. JUDGE.