1 C.A.No.4535/11 in F.A.No.1170/2009 along with 33 other group matters. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4535 OF 2011 IN FIRST APPEAL NO. 1170 OF 2009 ALONGWITH OTHER CONNECTED 33 C.As.- As per the cause list of 21/10/2011. Office Notes, Office Memoranda Of Coram, appearances, Court’s Orders directions and Registrar’s Orders Court’s Or Judge’s Orders Mr Sachin Punde, Advocate for the respondents-Claimants in all civil applications. Mr G.S.Hegde with Mr C.M. Lokesh i/b M/s A.R.Bhole & Co for the Applicants in all the Civil Applications. Mr P. G. Sawant, A.G.P.for respondent – State in all matters. CORAM : RANJIT MORE, J. DATED : October 21, 2011. P. C.: 1. Heard. The proceedings arise out of reference under section 34 of the MIDC Act. The Appellant – MIDC is the acquiring body. References have been decided and claimants were held to be entitled for enhanced compensation. These orders are challenged by filing aforesaid First 2 C.A.No.4535/11 in F.A.No.1170/2009 along with 33 other group matters. Appeals. 2. By the order dated 23/9/2011 passed in the civil applications taken out by the Claimants, the Claimants were permitted to withdraw the amount deposited by MIDC alongwith interest after furnishing bank guarantee of nationalised bank. 3. Mr.Hegde, learned counsel for the MIDC submitted that in each of the cases, the MIDC has inadvertently deposited excess amount, which comes to approximately Rs.9 lacs in all the claims. He submitted that if the claimants are allowed to withdraw the said amount, they will also withdraw this excess amount. Mr. Punde does not dispute that the claimants are entitled to withdraw the amount in view of the orders impugned in the First Appeals. 4. In these facts and circumstances, respondents-claimants are allowed to withdraw the amount deposited by the MIDC – the acquiring body to the extent of amount due as on date of the impugned orders in accordance with the impugned orders. The Trial Court is directed to calculate the exact amount to which the claimants are entitled to and thereafter allow the claimants to withdraw the said amount in terms of the order dated 3 C.A.No.4535/11 in F.A.No.1170/2009 along with 33 other group matters. 23/9/2011 passed by this Court. The excess amount, if any, shall be repaid to the MIDC – acquiring body. 5. Aforesaid all Civil Applications stand disposed of. (RANJIT MORE, J.)