IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR FIRST APPEAL NO.859 OF 2010 (V.I.D.C. THR. EXECUTIVE ENGINEER..VS. RAMESH SURYABHAN DUDHANE . & OTH..) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.B.Patil, Advocate for Appellant. CORAM : SMT. VASANTI A. NAIK, J. DATED : SEPTEMBER 09, 2010. Heard learned counsel for the appellant. ADMIT Call for record and proceedings. Learned counsel Mr. Naxane waives notice of hearing on behalf of Respondents No.1 to 5 and learned Assistant Government Pleader Ms. Mayuri Deshmukh waives notice of hearing on behalf of Respondents No.6 & 7. This First Appeal may be tagged along with First Appeal No.760 of 2009 for final hearing on 20th September, 2010. C.A.F. NOS. 2994/2009 and 2107/2010. Heard learned counsel for the parties. The appellant has deposited an amount of Rs.10,54,191/- in this Court. In that circumstances, the judgment and award passed by the reference Court is stayed during the pendency of the first appeal. On hearing the learned counsel for the parties and on perusal of the judgment dated 28.11.2008, respondents No.1 to 5 are permitted to withdraw an amount of Rs.3,00,000/- on furnishing solvent surety/ security to the satisfaction of the Registrar and the balance amount may be placed in the fixed deposit account of any nationalized bank initially for the period of three years and thereafter should be renewed from time to time during the pendency of the first appeal. Both the Civil applications are allowed in the aforesaid terms and disposed of. JUDGE RR.