1 CA No.8725 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.8725 of 2011 In First Appeal No.656 Of 2010 1) Smt. Kamaladevi Gopikishan Agrawal 2) Rajendra Gopikishan Agrawal 3) Ravindra Gopikishan Agrawal. .. Applicants. Versus * Maharashtra Industrial Development Corporation, Through its Regional Manager, Later, District Latur. .. Respondent. -------- With Civil Application No.8726 of 2011 With Civil Application No.8727 of 2011 In First Appeal No.653 of 2010 1) Smt. Kamaladevi Gopikishan Agrawal 2) Rajendra Gopikishan Agrawal 3) Ravindra Gopikishan Agrawal 4) Vishnudas Ramkishan Agrawal 5) Mohanlal Ramkishan Agrawal 6) Srilal Ramkishan Agrawal. .. Applicants. Versus 2 CA No.8725 of 2011 * Maharashtra Industrial Development Corporation, Through its Regional Managar, Latur, District Latur. .. Respondent. -------- Smt. Anjali Bajpai Dube, Advocate, for applicants. Shri. S.S. Dande, Advocate for respondent. -------- CORAM: NARESH H PATIL And A.H. JOSHI, JJ. DATE: 2nd SEPTEMBER 2011 PER COURT : 1) Heard. 2) Pursuant to the order dated 24th September 2010 passed by this Court, the appellant - MIDC has deposited 50% of the amount awarded by the Reference Court with the registry of this Court. 3) Perused the record placed before us. Learned counsel Shri. Dande, has placed reliance on the orders passed by this Court in CA No.2605 of 2011 in FA No.2466 of 2010 dated 18th March 2011; CA No.2605 of 2011 in FA No.2466 of 2010 dated 29th March 2011, CA No.14371 of 2010 in FA No.2221 of 2010 and companion matters dated 22nd October 2010; CA No.3485 of 2011 in FA No.2525 of 2010 dated 29th March 2011 and CA No.3958 of 2011 in 3 CA No.8725 of 2011 FA No.2471 of 2010 dated 29th March 2011, in respect of the acquisition proceedings arising out of the adjoining lands. We have perused the said orders and the record and considered the submissions advanced. We pass following order: 4) The applicants/claimants are permitted to withdraw 50% of the amount awarded by the Reference Court which is deposited with the registry of this Court on the following conditions:- (A) 50% of the amount deposited with registry of this Court is permitted to be withdrawn without furnishing surety. (B) Remaining 50% of the amount be withdrawn by furnishing bank guarantee of nationalized / scheduled bank to the satisfaction of the Registrar (Judicial) of this Court. (C) The Bank Guarantee shall be kept operational till final disposal of the appeal. 4 CA No.8725 of 2011 (D) Each applicant in the civil applications shall furnish an undertaking with the Registry of this Court that he/she will return the amount withdrawn, in case the appellant MIDC succeeds in the matter. The registry of this Court shall not disburse the amount without applicants furnishing undertaking to this Court. 5) Civil Application Nos.8725 and 8726 of 2011 are accordingly disposed of. In view of order passed in Civil Application No.8726 of 2011, Civil Application No.8727 of 2011 does not survive, it stands disposed of. Sd/- Sd/- (A.H. JOSHI, J.) (NARESH H PATIL, J.) rsl