1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH CIVIL APPLICATION NO. 7036 OF 2009 IN FIRST APPEAL NO. 623 OF 2006 Chandrakant Pandharinath Bodhale - - Applicant versus The Deputy Chief Executive Officer and another. - - Respondents Shri J. R. Patil, Advocate for the applicant. Shri S. S. Dande, Advocate for Respondent No.1. Shri K. G. Patil, Asstt. Govt. Pleader for Respondent No.2. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 27th July 2009 PER COURT : 1. This is Civil Application for withdrawal of 50 per cent of the amount under Award that has been directed to be deposited in this Court. 2. Civil Application is vehemently opposed by Shri Dande, learned Counsel for the appellant. 2 3. Further taking into consideration the facts and circumstances, we are inclined to allow the application partly. 4. 50 per cent of the amount deposited in this Court would be permitted to be withdrawn by the applicant on furnishing an undertaking that in the event at the stage of final disposal of the appeal it is that the amount withdrawn by him is excess than what he was entitled to, he would refund the amount. Remaining 50 per cent shall be permitted to be withdrawn on furnishing bank guarantee of nationalized bank. With the above directions, Civil Application is disposed of. ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/ca703609