1 c.a.1045.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.1045 OF 2011 IN FIRST APPEAL NO.494 OF 2010 [Monoharrao Eknathrao Gomare Vs. The Maharashtra Industrial Development Corpn. And another] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.N.P.Patil,Jamalpurkar,Advocate for Applicant. Shri.S.S.Dande,Advocate for Resp. No.1 Shri.S.N.Kendre,AGP for respondent NO.2 .... CORAM: SHRIHARI P.DAVARE, J. DATE : 25TH FEBRUARY, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicant - original claimant for withdrawal of the amount of compensation deposited by respondent No.1-Corporation in this Court. 3. After considering rival submissions, it appears that respondent No.1 2 c.a.1045.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders -Corporation herein filed First Appeal No. 494 of 2010 challenging the Judgment and Award dated 30th July, 2009 rendered by the Reference Court, Latur in Land Acquisition Reference No. 128 of 1999, and the Appeal has been admitted and stay to the Award has been granted by this Court on condition that respondent No.1- Corporation shall deposit 50% of the amount, as awarded by the Reference Court. It also appears that, accordingly respondent No.1-Corporation herein has deposited 50% of the amount of compensation as granted by the Reference Court, in this Hon’ble Court. Hence present application. 4. Considering the contents of the application, grant permission to withdraw 50% of the deposited amount by furnishing his personal undertaking and also permit him to withdraw balance 50% of the deposited amount on furnishing solvent security would meet ends of justice. 5. In the result, present application is allowed, and applicant is permitted to 3 c.a.1045.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders withdraw 50% of the deposited amount by furnishing his personal undertaking and also permitted to withdraw further 50% of the deposited amount on furnishing solvent security of like amount to the satisfaction of the Registrar of this Court along with usual undertaking. 6. Present application stands disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK