1 C.A.No. 3858 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CIVIL APPLICATION NO. 3858 OF 2011 IN FIRST APPEAL NO.2767 OF 2009 Pandurang Tulshiram Chame & anr. ..APPLICANTS VERSUS The State of Mah. & anr. ..RESPONDENTS Mr V.D. Gunale, Advocate for the applicants; Mr D.R. Kale, A.G.P. for respondent no.1; Mr S.S. Dande, Advocate for respondent no.2 CORAM : SMT. NISHITA MHATRE AND S.S. SHINDE, JJ. DATE : 5th April, 2011 PER COURT : This Civil Application is filed to withdraw the amount deposited by the M.I.D.C. in this Court pursuant to the orders passed by this Court in the First Appeal. Similar orders for the withdrawal of the amount have been passed by the Division Bench of this Court as also by us. 2. We, therefore, deem it appropriate to pass the same order in the present Civil Application also. 2 C.A.No. 3858 of 2011 2 3. The amount deposited in this Court may be withdrawn by the applicants on the following terms :- (a) The applicants may withdraw 25% of the amount deposited without any security or surety. (b) 25% of the remaining amount may be withdrawn by the applicants on furnishing a bank guarantee of a Nationalized or Scheduled Bank to the satisfaction of the Registrar (Judicial) of this Court within four weeks from today. (c) The bank guarantee shall be kept alive by the applicants during the pendency of the First Appeal. 4. The aforesaid order is passed on condition that the applicants furnish an undertaking to this Court that they would return the amount in case they fail in appeal. The undertaking shall be furnished within two weeks from today. The money shall be disbursed to the applicants thereafter. 3 C.A.No. 3858 of 2011 5. The remaining amount, after disbursing the amounts as aforesaid to the applicants shall be invested in a Nationalised Bank initially for a period of three years, to be renewed thereafter for the like terms, during the pendency of the first appeal. (S.S. SHINDE, J.) ( SMT. NISHITA MHATRE, J.) amj/ca3858.11