(1) ca4526-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4526 OF 2011 IN FIRST APPEAL NO. 90 OF 2011 Niwarti Vithal Shelke & another APPLICANTS VERSUS The Executive Engineer, Construction Railway Board, Camp at Latur & another RESPONDENTS .... Mr. V.D. Gunale, advocate for the applicants. Mr. D.V. Soman, advocate for the respondent No. 1. Mr. P.P. More, A.G.P. for the respondent No. 2. .... CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATE : 4th MAY, 2011 ORAL ORDER : 1. The Civil Application has been filed for withdrawal of the amount of Rs. 1,79,70,083/-, which has been deposited in this Court by the respondent No. 1. 2. It appears that the respondent No. 1/ appellant has deposited 50 per cent of the amount (2) ca4526-11 awarded by the Reference Court, as directed by this Court. 3. After hearing the learned advocates for the parties, we deem it proper to permit the applicants to withdraw the amount, deposited by the respondent No.1, on the following terms and conditions : a) The applicant will furnish a Bank Guarantee of Rs. one crore of a Nationalized Bank to this Court within eight weeks from today. b) The balance amount deposited in this Court shall be paid over to the applicants without security. However, the applicants shall furnish an undertaking to this Court within four (4) weeks from today that in case the appellant succeeds in the appeal, the amount withdrawn by the applicants without security will be brought back to this Court unconditionally. c) The aforesaid amount shall not be disbursed to the applicants without furnishing the undertaking, as directed above. (3) ca4526-11 4. The present Civil Application is accordingly disposed of. [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] NPJ/ca4526-11