1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD C.A. 4106/2009 IN F.A. 1273/2006 Deoram Rangnath Kullal Died L.R.s Sham Deoram Kullal .. .. Applicants Versus 01. The State of Maharashtra and others .. .. Respondents WITH C.A. 4113/2009 IN F.A. 578/2007 C.A. 4114/2009 IN F.A. 576/2007 C.A. 4115/2009 IN F.A. 1119/2006 C.A. 4116/2009 IN F.A. 580/2007 C.A. 4117/2009 IN F.A. 1041/2006 C.A. 4119/2009 IN F. A. 577/2007 C. A. 4120/2009 IN F. A. 1028/2004 C. A. 4141/2009 F. A. 1118/2006 C. A. 4142/2008 IN F. A. 1275/2006 C. A. 4143/2009 IN F. A. 1122/2006 C. A. 4144/2009 IN F. A. 1120/2006 C.A. 4145/2009 IN F. A. 1274/2006 C.A. 4149/2009 IN F. A. 779/2007 2 C.A. 4152/2009 IN F. A. 579/2007 C.A. 4154/2009 IN F.A. 1121/2006 Shri D. R. Jayabhar, Advocate for the Applicants. Shri K. G. Patil, Shri N. B. Patil, Shri S. K. Kadam and Shri S. K. Tambe, Assistant Government Pleaders for the Respondent in group of matters. Shri Nitin Chaudhary, Advocate for the intervenor/Acquiring Body. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 28TH JULY, 2009. ORAL ORDER [ Per B. R. Gavai, J.] : 1. Heard Shri Jayabhar, learned counsel for the petitioners, Shri K. G. Patil, learned A. G. P. and Shri Chaudhary learned counsel for the intervenor/acquiring body. 2. These applications arise out of award passed in group of matters in certain appeals. This Court has allowed the civil application for withdrawal of amount in terms of the following order : "(ii) While granting stay of the execution of judgment and decree passed by the Reference Court, the appellant/State was directed to 3 deposit the entire amount of enhanced compensation as granted by the Reference Court. In compliance thereof, the amount has been deposited in this Court. (iii) Perused the record and the order passed by the Reference Court. In the facts and circumstances of the present case, we are of the opinion that ends of justice would be met by permitting the present applicants to withdraw 75% of the amount deposited by the Appellant/State in this Court, subject to the condition that the applicants shall furnish a solvent surety to the extent of 25% of the total amount covered by the Reference Award and shall furnish Bank Guarantee of a nationalised bank to the extent of 50% of the amount covered by the Reference Award. The Bank guarantee shall be kept alive till decision of Appeals. The remaining 25% amount shall be invested in a Fixed Deposit (FDR) with a Nationalised bank, initially for period of one year and shall be kept renewed and alive till the decision of these appeals. The amounts which are permitted to be withdrawn by the applicants be remitted to the Executing Court, as mentioned in prayer clause (B) of the civil applications". 4 It is not in dispute that in the present appeals amount has been deposited by the State in this Court. 3. Accordingly, we direct the entire amount of enhanced compensation as deposited in this Court be transfered to the executing Court. 4. Upon, transfer of the said amount to the executing Court, the applicants would be entitled to withdraw the 75% of the amount in terms of directions issued by this Court vide order dated 02nd August, 2005, and specifically in accordance with paragraph No. 3 and the directions reproduced hereinabove. The civil applications are disposed of accordingly. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/July 09