{1} ca789111.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.7891 OF 2011 IN CIVIL APPLICATION NO.7232 OF 2008 IN FIRST APPEAL NO.2660 OF 2008 Anil s/o Keshavrao Deshpande and others Applicants Versus Godavari Marathwada Irrigation Development Corporation & others Respondents Mr. Milind Patil, advocate for applicants. Mr. S.G.Sangle, advocate for respondents no.1 & 2. Mr.T.S.Lodhe, A.G.P. for Respondents No.3 & 4. CORAM : R.M.BORDE, J. DATE : 27th July, 2011 PER COURT: 1 This is an application seeking modification of the order passed by this Court on 04.07.2008 in Civil Application No.7232 of 2008. The applicants were permitted to withdraw the amount deposited by the acquiring body on furnishing bank guarantee. 2 There are certain difficulties faced by the applicants in furnishing bank guarantee as applicants are required to pay guarantee fee to the bank, which is quite high. In group of matters arising from the same award and concerning same Notification, this Court has passed an order permitting the applicants-claimants to withdraw 50% of the amount out of the total amount of compensation receivable by claimants. It was also directed that out of 50% of the amount permitted to be {2} ca789111.odt withdrawn, 50% of the amount shall be withdrawn without surety and remaining 50% shall be on furnishing bank guarantee of a Nationalised Bank. Similar order needs to be passed in this appeal also. 3 The order passed by this Court in Civil Application No. 7232/2008 on 04.07.2008 stands modified and same is replaced by following order: Applicants-claimants are allowed to withdraw 50% of the amount i.e. (25% of the total amount of compensation), without furnishing any surety and the remaining 50% amount (i.e. 25% of the total amount of compensation) is allowed to be withdrawn on the applicants/claimants furnishing Nationalised Bank / Scheduled Bank guarantee to the satisfaction of the Registrar (Judicial) of this Court. The applicants shall redeposit 50% of the amount, in this Court, withdrawn by them by furnishing bank guarantee. The amount of 50%, which is directed to be redeposited by the applicants, shall be invested in Nationalised Bank initially for a period of three years and the F.D.R. shall be renewed thereafter until disposal of the appeal. The concerned bank is directed to act in accordance with the order. In view of the modification of the order passed in C.A. No.7232/2008, the bank guarantee issued by the bank stands discharged. The applicants shall redeposit the amount of 50%, withdrawn by them, in this Court, within a period of three weeks from today. {3} ca789111.odt Civil Application stands disposed of. R.M.BORDE JUDGE adb/ca789111