IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR C.A.F. NO.2459/2010 IN F.A. ST. 15986/2010 M.I.D.C. ..VS.. PANCHFULA DHARGAVE & ORS Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 24 /11 / 2010 Heard Shri Agnihotri, the learned counsel for the applicant, Shri Shiralkar, the learned counsel for the respondent no.1 and Mrs. Deshmukh, the learned AGP for the respondent no.2 & 3. The learned counsel for the respondent no.1 strongly opposes the prayer made in this civil application. However, for the reasons stated in the civil application, the delay of 244 days in filing the appeal is condoned. C.A.is allowed and disposed of. JUDGE C.A.F. NO NO.2460/2010 Heard Shri Agnihotri, the learned counsel for the applicant, Shri Shiralkar, the learned counsel for the respondent no.1 and Mrs. Deshmukh, the learned AGP for the respondent no.2 & 3. On hearing the learned counsel for the parties and on perusal of the award passed by the reference court, the respondent no.1 is permitted to withdraw the amount of Rs.1,60,000/- on furnishing solvent surety/security to the satisfaction of the Registrar. The balance amount may be placed in a fixed deposit account of a nationalized bank initially for a period of 3 years and the same should be renewed thereafter, from time to time, during the pendency of the appeal. The civil application is allowed in the aforesaid terms and disposed of. Merely because, the civil application is allowed, it would not mean that the parties are not free to compromise the matter as it is informed by the learned counsel for the respondent no.1 that in case of certain other claimants, the M.I.D.C. has compromised the matter. JUDGE SMP.