IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4823 OF 2006 CIVIL APPLICATION NO.4823 OF 2006 CIVIL APPLICATION NO.4823 OF 2006 IN IN IN FIRST APPEAL NO.320 OF 2006 FIRST APPEAL NO.320 OF 2006 FIRST APPEAL NO.320 OF 2006 IN IN IN L.A.R.NO.183 OF 1999 L.A.R.NO.183 OF 1999 L.A.R.NO.183 OF 1999 The State of Maharashtra & Ors. ...Appellant/Claimant The State of Maharashtra & Ors. ...Appellant/Claimant The State of Maharashtra & Ors. ...Appellant/Claimant Vs. Vs. Vs. Parvati Channappa Patil ...Respondents Parvati Channappa Patil ...Respondents Parvati Channappa Patil ...Respondents Mr.K.K.Tated, A..P. for Appellant Mr.K.K.Tated, A..P. for Appellant Mr.K.K.Tated, A..P. for Appellant Mr.Kiran Kulkarni, Advocate for Respondents Mr.Kiran Kulkarni, Advocate for Respondents Mr.Kiran Kulkarni, Advocate for Respondents CORAM: SHRI D.G. DESHPANDE & CORAM: SHRI D.G. DESHPANDE & CORAM: SHRI D.G. DESHPANDE & SMT. ROSHAN DALVI, JJ. SMT. ROSHAN DALVI, JJ. SMT. ROSHAN DALVI, JJ. DATE : 11TH DECEMBER, 2006. DATE : 11TH DECEMBER, 2006. DATE : 11TH DECEMBER, 2006. P.C. P.C. P.C. . Heard the learned Advocate for the claimant who . Heard the learned Advocate for the claimant who . Heard the learned Advocate for the claimant who has filed this application for withdrawal. The has filed this application for withdrawal. The has filed this application for withdrawal. The State/Appellant has deposited the entire amount of Award State/Appellant has deposited the entire amount of Award State/Appellant has deposited the entire amount of Award i.e. Rs.9,51,000/-along with interest and cost etc. i.e. Rs.9,51,000/-along with interest and cost etc. i.e. Rs.9,51,000/-along with interest and cost etc. before the Reference Court. There was an order of deposit before the Reference Court. There was an order of deposit before the Reference Court. There was an order of deposit of the said entire amount in Nationalised Bank in the of the said entire amount in Nationalised Bank in the of the said entire amount in Nationalised Bank in the absence of the Claimant. Now the claimants are claiming absence of the Claimant. Now the claimants are claiming absence of the Claimant. Now the claimants are claiming the amount and since they are entitled to the said amount the amount and since they are entitled to the said amount the amount and since they are entitled to the said amount we pass the following order. we pass the following order. we pass the following order. 1. The Claimants are allowed to withdraw Rs.3.5 lakhs 1. The Claimants are allowed to withdraw Rs.3.5 lakhs 1. The Claimants are allowed to withdraw Rs.3.5 lakhs against furnishing of the security to the satisfaction of against furnishing of the security to the satisfaction of against furnishing of the security to the satisfaction of the Reference Court. The remaining amount to be invested the Reference Court. The remaining amount to be invested the Reference Court. The remaining amount to be invested in any Nationalised Bank till the disposal of the Appeal. in any Nationalised Bank till the disposal of the Appeal. in any Nationalised Bank till the disposal of the Appeal. 2. Civil Application is disposed of. 2. Civil Application is disposed of. 2. Civil Application is disposed of. (SMT. ROSHAN DALVI, J.) (SHRI D.G. DESHPANDE, J.) (SMT. ROSHAN DALVI, J.) (SHRI D.G. DESHPANDE, J.) (SMT. ROSHAN DALVI, J.) (SHRI D.G. DESHPANDE, J.)