1 caf4987.08 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4987 OF 2008 IN FIRST APPEAL NO. 986 OF 2010 The State of Maharashtra. ....Applicant. Vs. Shrimati Anandibai R. Pawar. ....Respondent. Smt. S.V.Sonavane, AGP for applicant. Mr.Shriram S. Kulkarni for respondent. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- AUGUST 3, 2010 P.C. 1. Heard Counsel for the parties. Considering the fact that the appeal is directed against the order passed by the Reference Court regarding payment of enhanced compensation, interim relief in terms of prayer clause (b) can be granted only if the Appellants were to deposit the entire decretal amount in the trial Court within 8 weeks from today, failing which the Office shall treat this application as dismissed for non-prosecution without further reference to the Court. However, if the amount is deposited within time and receipt of such 2 caf4987.08 deposit is produced in the Registry of this court, interim protection granted to the appellant in terms of the prayer clause (b) will continue till disposal of the appeal. The amount so deposited be invested in the fixed deposit scheme in a nationalised bank, if no formal application for withdrawal of the amount is filed in the Registry of this Court within four weeks from the date of deposit. 2. At this stage, Counsel for the Respondent makes oral prayer for permission to withdraw the amount to be deposited by the Appellant. According to him, the Respondent can offer Bank Guarantee to the extent of 50% of the decretal amount to be deposited by the Appellant and the remaining 50% can be withdrawn by the Respondent without furnishing any security. Ordinarily, we would have accepted this submission. However, in the fact situation of the present case, it is not possible to permit the Respondent to withdraw the amount without furnishing Bank Guarantee for the simple reason that the SLAO has determined fair market price at Rs.4/- per sq. mt. Whereas the same has been enhanced to Rs. 889/- by the Reference Court. The correctness of the said decision is subject matter of this appeal. In order to secure amount of enhanced compensation, if withdrawn by the Respondent, to be brought back soon after the appeal succeeds, in our opinion, the Respondent can be permitted to withdraw entire decretal amount only on furnishing commensurate Bank 3 caf4987.08 Guarantee of a nationalised bank. Accordingly, it is ordered that the Respondent will be free to withdraw the entire amount deposited by the appellant within four weeks from the date of the deposit upon furnishing commensurate Bank Guarantee of a nationalised bank to the satisfaction of the trial Court, failing which the trial Court shall take steps to invest the said amount in appropriate fixed deposit scheme of a nationalised bank on expiry of four weeks after date of the deposit of the decretal amount. Bank Guarantee shall be kept alive till the disposal of the appeal. Application disposed of on the above terms. (A.A.SAYED, J) (A.M.KHANWILKAR, J)