1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.4782 OF 2009 IN FIRST APPEAL NO.2982 OF 2008 Sudhakar s/o Baburao Tanpure ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr Sandeep S. Deshmukh, Advocate for the applicant; Mr N.N. Jadhav, AGP for respondent. CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 11th JUNE, 2009 PER COURT : This is an application filed by the applicant who is respondent in First Appeal No.2982 of 2008. We are further informed that an appeal filed by the present applicant questioning the correctness of the findings of the Reference Court in granting compensation of Rs. 450 only per Sq. Mtr. Is also subject-matter of challenge in this Court. 2 2. Be that as it may, while granting stay to the execution of the award of the Reference Court, this Court by its order dated 13th August, 2008 had directed the respondent to this application i.e. Appellant in the First Appeal to deposit the entire amount of compensation as per the award. It appears that pursuant thereto the respondent to this application has deposited an amount of Rs.1,94,29,027/- in this Court. The applicant, therefore, has filed the present application seeking withdrawal of the amount. The prayer of the applicant for permission to withdraw the said amount is strongly opposed by learned A.G.P. Shri N.N. Jadhav on behalf of the respondent to this application. It is urged before us that the enhanced compensation as awarded by the Reference Court is wholly unjustified in the facts of the present case and is contrary to the evidence adduced by the present respondent. 3. Since an award has been passed in favour of the present applicant, we see no impediment whatsoever in permitting the applicant to withdraw the aforesaid amount on certain conditions. We permit the applicant 3 to withdraw 50% of the amount which is deposited by the present respondent pursuant to the order of this Court. The applicant shall furnish Bank guarantee of a Nationalised Bank in respect of the 25% of the amount. The applicant shall keep the Bank guarantee in force during the pendency of the appeal and for a period of three months after the conclusion of the appeal. The remaining 25% of the 50% of the amount which is permitted to be withdrawn, shall be allowed to be withdrawn by the applicant on the applicant furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court. Coupled with this the applicant shall furnish a written undertaking to this Court, undertaking to refund the entire amount with the interest at the rate which may be quantified by this Court at the time of the decision of the appeal. The remaining amount shall be deposited in Fixed Deposit of a Nationalised Bank initially for a period of three years and thereafter to be renewed from time to time till the decision of the appeal. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/ca 4782.09 4