(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 9653 of 2009 (In First Appeal No. 2027 of 2008) Smt. Anusayabai w/o. Dhondiram Kadam, Died per L.Rs. : 1. Sharad s/o. Dhondiram Kadam, Age : 35 years, Occupation : Agriculture. 2. Vijay @ Balu s/o. Dhondiram Kadam, Age : 32 years, Occupation : Agriculture. 3. Sou. Sulochana w/o. Maroti Pawar, Age : 30 years, Occupation : Household. All R/o. Harangool (12 number pati), Taluka & District : Latur. .. Applicant. versus 1. Maharashtra Industrial Development Corporation, Through Regional Manager, At Latur. 2. The State of Maharashtra, Through Collector, Latur. .. Non-applicants. .......................... (2) Mr. Amol Gandhi, Advocate, holding for Mr. Amit Deshpande, Advocate, for the applicants. Mr. S.S. Dande, Advocate, for non-applicant no.1. Mr. R.P. Phatke, Additional Government Pleader, for non-applicant no.2. .......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 18TH SEPTEMBER 2009. COURT'S ORDER : 1. This is an application on behalf of the legal representatives of the original claimant, Anusayabai, in Land Acquisition Reference No. 865/1999, decided by the learned 3rd Joint Civil Judge (Senior Division), Latur, on 31st December 2007. The applicants are respondents in First Appeal No. 2027/2008 filed by the non-applicant no.1 in this court. By way of present application, the applicants are seeking withdrawal of the entire amount deposited by the non-applicant no.1 in pursuance to the order passed by this court, dated 5th June 2008, in Civil Application No. 6233/2008. 2. As per office note, the amount is deposited by the non- applicant no.1 in the lower court. 3. In that view of the matter, the application is partly allowed. (3) (i) The applicants are permitted to withdraw fifty percent of the amount deposited by the appellant, in the following manner. The applicants are permitted to withdraw 25 % [Twenty five percent] amount [out of 50 %] without furnishing bank guarantee. However, the applicants are permitted to withdraw 25 % [Twenty five percent] amount [out of 50 %] on furnishing bank guarantee of any nationalized bank or scheduled bank. (ii) Fifty percent amount [out of 100 %] shall be invested by the lower court, in a fixed deposit receipt in any nationalized bank, initially for a period of three years and thereafter to be renewed year to year basis, till final disposal of the appeal. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca9653