1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CAF No. 2729 of 2009 (In FIRST APPEAL No. 1239 OF 2009) B.S.N.L. v. Rajendra s/o Namdeorao Saokar & ors. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. M.V. Samarth Advocate for Res. 1 to 6/applicants. Mr. R.S. Sundaram Advocate for N.A./Appellant. ..... CORAM: J.P. DEVADHAR & A.B.CHAUDHARI, JJ. DATED : 13 th OCTOBER, _2010. Heard. Leave to file appeal is granted. C.A.No. 572 of 2010 Heard. It is not in dispute that an amount of Rs.48,99,520/- has been deposited by the appellant in Regular Darkhast No. 43 of 2009 before the trial Court. Mr.Sundaram states that an amount of Rs.4,91,131/- was already deposited with Special Land Acquisition Officer on 17.9.1995 at the initial stage and the said amount is lying with the Special Land Acquisition Officer. 2 Mr.Sundaram states that the amount ought to have been deposited in the trial Court. Be that as it may, we direct the concerned Special Land Acquisition Officer, Gadchiroli, to release the amount of Rs.4,91,131/- in favour of claimants/respondents within four weeks from today, since Mr.Sundaram learned counsel for the appellant has no objection for doing so. Insofar as claim of interest on other components with the said amount is concerned, respondents/claimants are at liberty to raise plea for such claims as are permissible in law. As regards the withdrawal of the amount deposited with the trial Court, we find prima facie that the respondents/claimants should be allowed to withdraw 50% of the total amount of Rs.48,99520/- deposited in the Court on furnishing solvent security to the satisfaction of Registrar (J). Remaining 50% shall be invested in Fixed Deposit in any nationalized bank. Interim stay is confirmed. JUDGE JUDGE /TA/ 3