1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. F. NO. 3092 OF 2010 IN FIRST APPEAL NO. 100 OF 2008 V. I. D. C. Akola Vs. Manohar Narayanrao Raut thr L.Rs. Laxmibai Manoharrao Raut & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri A. B. Patil Adv for applicant/appellant. Shri S. G. Loney Adv for non applicant/respondent 1. Shri Bhagde AGP for respondent 4. CORAM: A. B. CHAUDHARI J. Dated: 14 th MARCH, 2011. This is an application for direction to refund the amount of Rs. 86,025/- . According to learned counsel for the applicant the difference is due to the difference of compensation of old award and the new award after remand. In other words the said amount is in excess of the amount under new award and therefore this amount be refunded to the appellant. According to Shri Loney under the new award he is required to be paid the entire interest which may include this amount, and thus the application for refund cannot be considered. 2 I do not agree. The respondents have to undertake the proceedings for execution of new award and if there is a less payment of interest or as the case may be. But in so far as the present application is concerned it relates to the amount under old award already set aside by this Court and therefore the said amount which is in excess of the new award will have to be refunded. Hence civil application is allowed reserving liberty in favour of defendants to take such steps as are permissible for execution as per law. JUDGE svk 3 4 5