CA 1649/11 in FA 2443/10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.1649/2011 IN FIRST APPEAL NO.2443/2010 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri A.B. Kale, Advocate for applicants. Shri S.S. Dande, Advocate for respondent no.1. Shri K.B. Choudhary, AGP for respondent no.2. CORAM: D.B. BHOSALE & R.M. BORDE, JJ. Date: 14.02.2011 Heard learned counsel for the parties. In this civil application, the applicants - claimants have prayed for allowing them to withdraw the amount deposited in this Court by respondent no.1. This Court vide order dated 9.9.2010 in Civil Application No. 988/2010 in First Appeal (St) No.27269/2010 had granted interim stay to the execution and operation of the judgment and award dated 30.4.2009 passed by the Reference Court, CA 1649/11 in FA 2443/10 2 on the applicants / acquiring body depositing the entire amount under award, in this Court within a period of 12 weeks from the date of the order. The acquiring body accordingly has deposited the amount in this Court. In view thereof, the applicants/claimants have filed this application for seeking withdrawal of the said amount. Learned counsel for the acquiring body - respondent no.1, at the outset, invited our attention to the order dated 21st August, 2009, passed by this Court in a group of civil applications in first appeals (First Appeal Nos.12368/2009, 12306/2009, 12361/2009, 12376/2009, 12367/2009, 12382/2009, 12385/2009 and 12373/2009) arising from the same notifications under the provision of the Land Acquisition Act, and submitted that similar order may be passed. By order dated 21st August, 2009, this Court allowed the claimants to withdraw 50% of the amount deposited, without furnishing any surety and the remaining 50% amount on their CA 1649/11 in FA 2443/10 3 furnishing Nationalised bank / scheduled bank guarantee 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of this Court and by giving an undertaking that if in the final judgment / order, it is found that the amount withdrawn by the claimants is in excess than the amount to which they are entitled, they would refund the said amount. In the circumstances, we allow this application and pass the following order. Applicants / claimants are allowed to withdraw 25% of the amount deposited in pursuance to the order dated 9.9.2010 passed on Civil Application No.988/2010 in First Appeal (St) No.27269/2010 without furnishing any surety and 25% of the total amount of compensation awarded by the reference Court is allowed to be withdrawn on the applicants / claimants furnishing nationalised bank / scheduled bank guarantee to the satisfaction of the Registrar (Judl.) of this Court and by giving an undertaking that, if in the final judgment / CA 1649/11 in FA 2443/10 4 order, it is found that the amount withdrawn by the applicants / claimants is in excess than the amount to which they are entitled to, they shall refund the said amount within a period of six weeks from the date of final judgment / order. Thus, the applicants are allowed to withdraw 50% of the total compensation deposited in this Court. The applicants / claimants are further directed to keep the bank guarantee alive till the disposal of appeals and for a further period of six weeks from the date of final judgment / order. It is needless to mention that copy of the bank guarantee shall be furnished to the learned Advocate appearing for respondent no.1, within a period of two weeks from the date of the bank guarantee. It is open to one of the applicants to receive cheques of the amount of compensation issued in favour of all the applicants on his furnishing no objection / authorisation from other applicants for receiving cheques on their behalf. CA 1649/11 in FA 2443/10 5 With these observations, civil application is disposed of. Copy of this order duly authenticated be provided by the office to the learned counsel for the parties. (R.M. Borde, J.) (D.B. Bhosale, J.) Dt/- 14.02.2011 ndk/c142111