1 CA No.9962 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.9962 of 2011 In First Appeal No.2145 Of 2010 1) Prasad s/o Prabhakarrao Udgirkar 2) Avinash s/o Prabhakarrao Pathak. .. Applicants. Versus 1) The Regional Manager, MIDC Latur. 2) The State of Maharashtra Through the Collector, Latur. .. Respondents. -------- With Civil Application No.9963 of 2011 In First Appeal No.2144 of 2010 1) Indrjit s/o Marutirao Waghmare 2) Umakant s/o Dattatraya Chandurkar. 3) Anupama d/o Prabhakarrao Pathak .. Applicants. Versus 1) The Regional Managar, MIDC Latur. 2) The State of Maharashtra Through the Collector, Latur. .. Respondents. -------- Shri. Rajendrraa Deshmukkh, Advocate for the applicants. Shri. S.S. Dande, Advocate for respondent No.1. Shri. K.G. Patil, Assistant Government Pleader, for respondent No.2. 2 CA No.9962 of 2011 CORAM: NARESH H PATIL And A.H. JOSHI, JJ. DATE: 2nd SEPTEMBER 2011 PER COURT : 1) Heard. 2) Pursuant to order dated 4th May 2011 passed by this Court, the appellant - MIDC has deposited 50% of the amount 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: 3 CA No.9962 of 2011 4) The applicants/claimants are 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Court on the following conditions:- (A) 50% of the amount deposited in the registry of this Court is permitted to be withdrawn without furnishing surety. (B) Remaining 50% of the amount be withdrawn on furnishing bank guarantee of nationalized / scheduled bank to the satisfaction of the Registrar (Judicial) of this Court.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) Each applicant in the civil applications 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 applicants furnishing undertaking to this Court. The Civil Applications are disposed of. Sd/- Sd/- (A.H. JOSHI, J.) (NARESH H PATIL, J.) rsl