1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 12644 OF 2010 IN FIRST APPEAL ST. NO. 28834 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA,J. DATED : 26.11.2010 1. The present application is moved for withdrawal of the amount deposited by the non-applicant pursuant to the order passed by this Court. 2. The learned Counsel for the non-applicant resists the application on the ground that the Reference Court has awarded exorbitant amount of compensation without any evidence on record. 3. The amount deposited by the non-applicant would be lying idle in the Court. The Reference Court has found some evidence on record and thereby has granted the enhancement. Same would be subject to the re- 2 appreciation at the time of final disposal of the appeal. I feel it appropriate to allow the present applicant to withdraw Rs. 25,000/- (Rupees Twenty Five Thousand) on furnishing an undertaking in the form of affidavit that in-case the appeal is allowed, the applicant shall deposit said amount within one month with interest. The applicant is allowed to withdraw the remaining amount on furnishing solvent security of the like amount. 4. The Civil Application is disposed of. [S.V. GANGAPURWALA,J.] snk/2010/NOV10/ca12644.10