1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No. 68/2009 in Civil Application No. 6540/2006 in F.A.No. 45/2003. Sonba Dhondbaji Khante and others vs. State of Maharashtra and another. ----------- ------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. --------------------------------------------------------------------------------------------------------- CORAM : A.P.Lavande, J DATE : 20.02.2009 Heard Mr. R.D.Najbile, learned counsel for the applicants/ respondents and Mr. Kale, learned A.G.P. for non- applicants/ appellants. 2. By this application, the applicants who are respondents in First Appeal No. 45/2003 seek modification of the order dated 16.10.2006 passed by this court. By the said order, this court permitted the applicants to withdraw the amount of Rs.2,32,539/- deposited by the appellants in the Reference Court subject to furnishing bank guarantee of any Nationalised Bank in respect of the amount to be withdrawn and with a further direction that in the event appeal is allowed wholly or partly, the applicants shall return the amount with interest thereon @ 9% p.a. within a period of eight weeks. 3. Though by the present application, the applicants 2` seek withdrawal of 50% of the amount unconditionally, Mr. Najbile, the learned counsel for the applicants submits that he has been instructed by the applicants to make statement that the applicants are ready to furnish security for 50% of amount. According to Mr. Najbile, the applicants are poor agriculturists and they have no other income to give bank guarantee of a Nationalised Bank. 4. The prayer has been opposed by Mr. Kale, the learned A.G.P. for the non-applicants. 5. In view of the fact that the applicants are poor persons and are not in a position to furnish bank guarantee, the order dated 16.10.2006 to the extent only it directs furnishing bank guarantee is modified and the applicants are permitted to withdraw 50% of the amount by furnishing security. Conditions 2 and 3 of the order dated 16.10.2006 remain. 6. In view of the above, the applicants are permitted to withdraw 50% of the amount deposited by the appellants in First Appeal No. 45/2003 subject to furnishing security for the said amount to the satisfaction of the learned Reference Court. The order dated 16.10.2006 is modified only to the above extent. The balance amount, if not, already invested shall be invested by the Reference court in any Nationalised Bank initially for a period of two years to be renewed from time to 3` time till disposal of the First Appeal No. 45/2003. The application stands disposed of. JUDGE patle