1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH CIVIL APPLICATION NO. 3817 OF 2009 IN FIRST APPEAL NO. 50 OF 2009 Gram Panchayat, Nalegaon, taluka Chakur, dist. Latur. - - - Applicant versus 1. Maharashtra State Road Transport Corporation, Latur. 2. The State of Maharashtra. - - - Respondents Shri N. P. Patil Jamalpurkar, Advocate for applicant. Mrs. R. D. Reddy, Advocate for respondent No.1. Shri B. V. Wagh, Asstt. Govt. Pleader for respondent No.2. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 22nd September 2009 PER COURT: 1. This is application for withdrawal of the amount which is deposited in this Court. The application is vehemently opposed by Smt. Reddy, learned Counsel appearing for the respondent No.1 Corporation. However, taking into consideration the fact that the amount is required for development purpose, we are inclined to 2 allow the application as under : (I) 50 per cent of the amount deposited in this Court shall be permitted to be withdrawn without furnishing any surety. (II) 25 per cent of the amount shall be permitted to be withdrawn on furnishing solvent surety and undertaking in this Court that in the event at the stage of final hearing if it is found that the amount is in excess of the amount to which they are entitled, the applicant shall refund the same. Such undertaking shall be filed by the Village Development Officer along with resolution of the Gram Panchayat duly authorizing him to file such an undertaking. (III) Remaining 25 per cent of the amount shall be permitted to be withdrawn on applicant's furnishing bank guarantee of any nationalized bank or scheduled bank to the satisfaction of the Registrar (Judicial). ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/ca381709