1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.13226 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s orders or directions and Registrar’s orders Mr. A.B. Kale Advocate for the applicants, Mr. A.S. Bajaj, Advocate for the respondents. CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 1st FEBRUARY, 2010. PER COURT : 1. By this application, the claimants/applicants/respondents in first appeal are seeking permission to withdraw the amount deposited by CIDCO/respondent/appellant, pursuant to the order passed by this court dated 8th May, 2009. 2. Under the said order, this court has directed CIDCO to deposit 75% of the amount of enhanced compensation as awarded by the Reference Court. Our attention is invited to common order passed by this court while disposing of various civil applications in connected First Appeals, which arise out of the same award. 2 3. It is not in dispute that this court, by order dated 8th October, 2009 ( to which Justice N.D. Deshpande is a party) , has permitted the applicants/claimants to withdraw 50% of the amount subject to furnishing an undertaking that in the event, if it is found that the amount withdrawn by them is more than the one to which they are entitled, they shall refund the same, whereas, the balance 25% of the amount awarded by the Reference Court is permitted to be withdrawn by the applicants, on furnishing bank guarantee of a Nationalized/Scheduled Bank. 4. The order dated 8th October, 2009, is a speaking order, which prima facie goes to consider the merit of the matter as well. 5. Hence, we dispose of the present application by passing the same order, as is passed, while disposing of Civil Application No. 9679/2009, in FA 1671/2009, alongwith connected matters, which reads thus :- “In that view of the matter, the applications are allowed as under :- The fifty percent of the amount awarded by the Reference Court shall be permitted to be withdrawn by the applicants without furnishing any surety. However, the applicants shall file an undertaking before this court that in the event if it is found that, the amount withdrawn by them is 3 more than the one to which they are entitled, they shall refund the same. In the undertaking the detailed address of the claimants/applicants shall also be given. The twenty five percent of the amount awarded by the Reference Court shall be permitted to be withdrawn by the applicants on furnishing bank guarantee of any nationalized or Scheduled Bank. [N.D. DESHPANDE,J] [A.P. DESHPANDE,J.] grt/-