ca781-11 1 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 781 OF 2011 WITH CIVIL APPLICATION NOS. 782, 783,784,786,787,788,789,790,792,795 OF 2011 & CIVIL APPLICATION ST.NO.18483 2010. IN FIRST APPEAL NOS. 1725, 1727, 1716, 1736, 1724, 1734, 1737,1720,1723,1722,1733 and 1735 of 2010 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | Mr. M.S. Patil, adv. for the applicants. Mr. D.R. Kale, AGP for the State. Mr.S.S.Dande,Adv.for R.2. CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 9th FEBRUARY, 2011. 1] Heard learned counsel for the parties. 2] In these civil applications, the applicants – claimants have prayed for ca781-11 2 allowing them to withdraw 50% of the decreetal amount deposited in this court by respondent no.2. This court vide order dated 23 rd July, 2010 in different civil applications in these First Appeals had granted stay to the execution and operation of the judgment and award dated 28 th January, 2009 passed by the reference court, on the applicants / acquiring body depositing 50% of the amount under award, in this court within stipulated period from the date of the order. The acquiring body accordingly has deposited the amount in this court on 30/12/10. In view thereof, the applicants – claimants have filed these applications for seeking withdrawal of the said amount. 3] Learned counsel for the acquiring body – respondent no. 2, at the outset, invited our attention to the order dated 21 st August, 2009 passed by this court in a group of civil applications in first appeals ( i.e. First Appeal Nos. 12368/2009, 12306/2009, 12361/2009, 12376/2009, 12367/2009, 12382/2009, 12385/2009 and 12373/2009) ca781-11 3 arising from the same notifications under the provisions of Land Acquisition Act, and submitted that similar order may be passed. By order dated 21 st August, 2009, this court allowed the claimants to withdraw 50% of the amount deposited, without furnishing any surety and the remaining 50% amount on their furnishing Nationalised Bank / Scheduled Bank guarantee to the satisfaction of the Registrar (Judl.) of this court and by giving an undertaking that if in the final judgment / order, it is found that the amount withdrawn by the claimants is in excess than the amount to which they are entitled, they would refund the said amount. In the circumstances, we allow all these applications and pass the following order :- . Applicants / claimants are allowed to withdraw 50% amount [i.e. 25% of total compensation awarded by reference Court) deposited in this court in pursuance of the order dated 23 rd July, 2010, passed on civil applications in these First Appeals without furnishing any surety and the remaining 50% amount (i.e. 25% of total ca781-11 4 compensation awarded by reference Court) is allowed to be withdrawn on the applicants / claimants furnishing Nationalised Bank / Scheduled Bank guarantee to the satisfaction of the Registrar (Judl.) of this court and by giving an undertaking that, if in the final judgment / order, it is found that the amount withdrawn by the applicants / claimants is in excess than the amount to which they are entitled to, they shall refund the said amount within a period of six weeks from the date of final judgment / order. The applicants / claimants are further directed to keep the bank guarantee alive till the disposal of appeals and for a further period of six weeks from the date of final judgment / order. It is needless to mention that copy of the bank guarantee / the undertaking shall be furnished to the learned advocate appearing for respondent no. 2, within a period of two weeks from the date of the bank guarantee. With these observations, civil applications are disposed of. ca781-11 5 4] Copy of this order duly authenticated be provided to the learned counsel for the parties. ( R.M. BORDE) ( D.B. BHOSALE ) JUDGE JUDGE umg/ca781-11