2302caf266.10.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAF NO. 266/2010 IN FIRST APPEAL NO. 688 OF 2002 (D) (State of Mah. & another Vs. Laxman Sitaram Neulkar) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. P. N. Shende, Advocate for the applicant/respondent. Mr. T. R. Kankale, A. G. P. for the N. A./appellants. C ORAM : F. M. REIS, J. DATED : 23rd February, 2010. Heard. This is an application filed by the respondent to withdraw the amount deposited by the appellants in the first appeal No. 688 of 2002 pursuant to the judgment & order dated 30/3/2009. It is the contention of the learned Counsel for the respondent that a substantial amount is due to the respondent, even though, the Reference Court, after remand, has reduced the compensation from Rs. 80,000/- per acre to Rs. 60,000/- per acre. The learned A. G. P. for the appellants has filed a reply to the application along with a chart stating therein that the respondent is entitled to a sum of Rs. 1,56,632/-. This figure is disputed by the learned Counsel for 2302caf266.10.odt 2/2 the respondent. In view of the above, without going into the rival contentions and considering that the respondent requires the fund for the purpose of filing the appeal and for other exigencies stated in the application including medical expenses, in the interest of justice, the respondent is permitted to withdraw the sum Rs. 1,56,632/- with accrued interest thereof, if any, for the time being. Liberty is given to the respondent to file an appropriate application by furnishing the requisite details to recover the amount to which he is so entitled as per the award dated 31/12/2009 passed by the Reference Court, in accordance with law . The application is disposed of accordingly. JUDGE wwl