1 C.A. No.5071 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.5071 Of 2011 In Civil Application No.14430 Of 2010 In First Appeal No.1227 Of 2010 Nagnath s/o Vithal Chame And Others. ... Applicants. Versus The State of Maharashtra And Another. ... Respondents. -------- Shri. Amit S. Deshpande, Advocate, for applicants. Shri. K.G. Patil, Assistant Government Pleader, for respondent No.1. Shri. S.S. Dande, Advocate, for respondent No.2. -------- CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE: 26th APRIL 2011 PER COURT : 1) Heard. 2) The applicants seek modification of clause (A) of the order passed by this Court (Coram : Naresh H Patil 2 C.A. No.5071 of 2011 and K.K. Tated, JJ.) on 22nd October 2010 while passing common order in a batch of civil applications filed in first appeals in the proceedings of Land Acquisition References. 3) The counsel submits that due to subsequent developments and death of applicant No.2 - Ganpati Tukaram Walse it is now not possible for the applicants to furnish solvent surety for withdrawal of 50% of the amount under the orders of the Court. The counsel submits that, the applicants are ready to furnish bank guarantee to that extent. 4) The learned counsel Shri. S.S. Dande appearing for the MIDC does not have objection to the proposal submitted by the applicants. 5) In case the applicants furnish bank guarantee of any nationalized bank to the extent of 50% of the amount deposited in this Court by the MIDC then they shall be entitled to withdraw the said amount. The bank guarantee of the nationalized bank furnished by the 3 C.A. No.5071 of 2011 applicant shall be a continuous bank guarantee which shall be renewable every year in absence thereof the bank guarantee would lapse and further consequence would follow. 6) The applicants are permitted to withdraw the remaining amount out of the amount deposited in this Court by the MIDC without furnishing any surety or guarantee. Withdrawal of the amount by the applicants would be subject to outcome of the final disposal of the appeal. The civil application is disposed of. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl