(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 8482 of 2009 (In First Appeal No. 849 of 2007) Shahada Taluka Cooperative Education Society, Shahada, .. Applicant District : Nandurbar, (Original Through its Chairman. claimant) versus 1. Shahada Municipal Council, Shahada, District : Nandurbar, Through its Chief Officer. 2. The District Collector, Dhule, District : Dhule. 3. The Special Land Acquisition Officer .. Non-applicants [General], (No.1 - Dhule, Appellant in F.A.) District : Dhule. ....................... Mr. D.A. Mane, Advocate, holding for Mr. Milind M. Patil, Advocate, for the applicant. Mr. J.R. Shah, Advocate, for non-applicant no.1. Mr. K.G. Patil, Assistant Government Pleader, for non-applicant nos.2 and 3. ........................... (2) CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 25TH SEPTEMBER 2009. COURT'S ORDER : 1. This is an application for withdrawal of the amount which has been deposited by the appellant in this court. 2. The application is partly allowed. (i) Fifty percent of the amount, deposited in this court, is permitted to be withdrawn by the applicant, on the applicant furnishing an undertaking in this court, to the effect that in the event, it is found that the amount withdrawn by the applicant is in excess of the amount to which the applicant is entitled to, the applicant (original claimant) would refund the same. (ii) The remaining fifty percent amount shall be deposited by the Registrar [Judicial] of this court, in a fixed deposit receipt, in State Bank of Hyderabad, High Court Branch, initially for a period of three years and thereafter to be renewed year to year basis till final disposal of the appeal. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca8482