1 CA No.7309 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.7309 of 2011 In First Appeal No.2122 Of 2010 * Babu s/o Nama Maske. .. Applicant. Versus 1) Maharashtra Industrial Development Corporation, Through its Regional Officer at Latur. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. -------- Shri. V.D. Gunale, Advocate for the applicant. Shri. S.S. Dande, Advocate for respondent No.1. Shri. K.G. Patil, Assistant Government Pleader, for respondent No.2. -------- CORAM: NARESH H PATIL And A.H. JOSHI, JJ. DATE: 2nd SEPTEMBER 2011 PER COURT : 1) Heard. 2) Pursuant to order dated 23rd December 2010 passed by this Court, the appellant - MIDC has deposited 2 CA No.7309 of 2011 50% of the amount as awarded by the Reference Court with the registry of this Court. 3) Perused the record placed before us. Learned counsel Shri. Dande, has placed reliance on the orders passed by this Court in CA No.2605 of 2011 in FA No.2466 of 2010 dated 18th March 2011; CA No.2605 of 2011 in FA No.2466 of 2010 dated 29th March 2011, CA No.14371 of 2010 in FA No.2221 of 2010 and companion matters dated 22nd October 2010; CA No.3485 of 2011 in FA No.2525 of 2010 dated 29th March 2011 and CA No.3958 of 2011 in FA No.2471 of 2010 dated 29th March 2011, in respect of the acquisition proceedings arising out of the adjoining lands. We have perused the said orders and the record and considered the submissions advanced. We pass following order: 4) The applicant/claimant is permitted to withdraw 50% of the amount awarded by the Reference Court which is deposited in the registry of this Court on the following conditions:- 3 CA No.7309 of 2011 (A) 50% of the amount deposited in the registry of this Court is permitted to be withdrawn without furnishing surety. (B) Remaining 50% of the amount be withdrawn by furnishing bank guarantee of nationalized / scheduled bank to the satisfaction of the Registrar (Judicial) of this Court. (C) The Bank Guarantee shall be kept operational till final disposal of the appeal. (D) The applicant shall furnish an undertaking with the Registry of this Court that he will return the amount withdrawn, in case the appellant MIDC succeeds in the matter. The Registry of this Court shall not disburse the amount without applicant furnishing undertaking to this Court. The Civil Application is disposed of. Sd/- Sd/- (A.H. JOSHI, J.) (NARESH H PATIL, J.) rsl