( 1 ) Civil Application No. 6497/2009 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. District : Latur Civil Application No. 6497 of 2009 (In First Appeal Stamp No. 12025/2009) (Maharashtra Industrial Development Corporation Vs. Ashadulla Abdul Raheman Shaikh, died through L.Rs. Smt. Khairunbee, etc & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. G.S. Khaire, Advocate, instructed by Mr. S.S. Dande, Advocate, for the applicant. Mr. M.S. Patil Almalekar, Advocate, for respondent nos.2 to 6. Mr. K.G. Patil, Assistant Government Pleader, for respondent no.7. .............................................................................. CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 17TH AUGUST 2009 1. This is an application for stay to the effect and operation of the judgment and award passed by the learned 3rd Joint Civil Judge (Senior Division), Latur, dated 25th November 2008, in ( 2 ) Civil Application No. 6497/2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders Land Acquisition Reference No. 896/1999. 2. In the identical matters, we have already stayed effect and operation of the judgment and award. In that view of the matter, we are inclined to allow the application. 3. Hence, the application is allowed in terms of prayer clause "A", on condition that the appellant shall deposit 50% of the amount awarded, in this court, within a period of four weeks from today. It is further made clear that on the aforesaid amount being deposited in this court, respondents/ claimants shall be entitled to withdraw 50% of the amount deposited, without furnishing any surety and the remaining 50% amount shall be permitted to be withdrawn on respondents/claimants furnishing bank guarantee of any ( 3 ) Civil Application No. 6497/2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders nationalized bank/scheduled bank, to the satisfaction of the Registrar (Judicial) of this court and by giving an undertaking that if in the final judgment/order, it is found that the amount withdrawn by the respondents/claimants is in excess than the amount to which they are entitled, they would refund the said amount. 4. Authenticated copy be provided to the learned counsel for the parties. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE bgp/ca6497