1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CIVIL APPLICATION CAF NO.2635/2010 IN F.A. 779/2010 M.I.D.C. ..VS.. SHESHRAO DATTUJI MURUMKAR 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: 22 /10 / 2010 Heard Shri Tathod, the learned counsel for the applicant and Shri Agnihotri, the learned counsel for the non applicant and Mrs. Deshmukh, the learned Assistant Government Pleader for respondent no.2. The learned counsel for the applicant states that the applicant is 85 years old and is not in a position to furnish solvent surety/ security for an amount of Rs.5,00,000/-. For the reasons stated in the civil application, the applicant seeks permission to withdraw the amount of Rs.5,00,000/- without furnishing solvent surety / security. Shri Agnihotri, the learned counsel for the M.I.D.C. strongly opposes the prayer made in this civil application and states that the applicant should not be permitted to withdraw any amount without furnishing solvent surety. It is necessary to note that at the time of admission of the appeal, this court has directed the M.I.D.C., to deposit only 75% of the decretal amount. The amount deposited by the appellant in this court is 9,87,106/-. On perusal of the judgment passed by the reference court, it appears that the reference court has heavily relied on 2 the transaction dated 19.8.1991 by which 41 R of land was sold for a consideration of Rs.90,000/-. The land was sold in August 1991.Whereas the notification in this case was issued in August 1992. In such circumstances, the applicant is permitted to withdraw the amount of Rs.3,00,000/- without furnishing solvent security / surety. The balance amount may be placed in a fixed deposit in a nationalized bank, initially for a period of 3 years and the same should be renewed thereafter, from time to time, pending disposal of the appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE SMP.