{1} ca140311.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.1403 OF 2011 IN FIRST APPEAL NO.2040 OF 2010 Tayabbabi Rahman Sayyed Applicant Versus The State of Maharashtra & another Respondents Mr. P.V.Mandlik, Senior Counsel holding for Mr.A.S.Deshpande, advocate for the applicant. Mr. K.B.Choudhary, A.G.P. for respondent no.1. Mr. S.S.Dande, advocate for respondent no.2. WITH CIVIL APPLICATION NO.1404 OF 2011 IN FIRST APPEAL NO.2039 OF 2010 Vijaykumar s/o Dattatraya Kulkarni Applicant Versus The State of Maharashtra & another Respondents Mr. P.V.Mandlik, Senior Counsel holding for Mr.A.S.Deshpande, advocate for the applicant. Mr. P.P.More, A.G.P. for respondent no.1. Mr. S.S.Dande, advocate for respondent no.2. CORAM : D.B.BHOSALE AND R.M.BORDE, JJ. DATE : 08 th February, 2011 {2} ca140311.odt PER COURT: 1 Heard learned Counsel for the parties. 2 In these Civil Applications, the applicants-claimants have prayed for allowing them to withdraw the amount, deposited in this Court by Respondent No.2. This Court vide order dated 26th October, 2010 in Civil Application No.13564 of 2010 in First Appeal No.2040 of 2010 and other connected matters, had granted interim stay to the execution and operation of the judgment and award dated 29.04.2010, passed by the Reference Court, on the acquiring body depositing 50% of the amount under award, in this Court, within a period of twelve weeks from the date of the order. The acquiring body, accordingly, has deposited the 50% amount in this Court. In view thereof, the applicants – claimants have filed these applications seeking withdrawal of the said amount. 3 Learned Counsel for the acquiring body – Respondent No.2, at the outset, invited our attention to the order dated 21 st August, 2009 passed by this Court in a group of Civil Applications in First Appeals i.e. (First Appeal Nos.12368/2009, 12306/2009, 12361/2009, 12376/2009, 12367/2009, 12382/2009, 12385/2009 and 12373/2009) arising from the same notifications under the provisions of the Land Acquisition Act, and submitted that similar order may be passed. By order dated 21 st August 2009, this Court allowed the claimants to withdraw 50% of the {3} ca140311.odt amount deposited, without furnishing any surety and the remaining 50% amount on their furnishing Nationalised bank / Scheduled bank guarantee to the satisfaction of the Registrar (Judicial) of this Court and by giving an undertaking that if in the final judgment / order, it is found that the amount withdrawn by the claimants is in excess than the amount to which they are entitled, they would refund the said amount. In the circumstances, we allow both these applications and pass the following order: Applicants – claimants are allowed to withdraw 50% of the amount i.e. (25% of the total amount of compensation), deposited in this Court, in pursuance to the order dated 26 th July 2010, passed on Civil Application No.13564 of 2010 in First Appeal No.2040 of 2010 and other connected matters, without furnishing any surety and the remaining 50% amount (i.e. 25% of the total amount of compensation) is allowed to be withdrawn on the applicants/claimants furnishing Nationalised Bank / Scheduled Bank guarantee to the satisfaction of the Registrar (Judicial) of this Court and by giving an undertaking that, if in the final judgment / order, it is found that the {4} ca140311.odt amount withdrawn by the applicants / claimants is in excess than the amount to which they are entitled to, they shall refund the said amount within a period of six weeks from the date of final judgment / order. The applicants / claimants are further directed to keep the bank guarantee alive till the disposal of appeals and for a further period of six weeks from the date of final judgment / order. It is needless to mention that copy of the bank guarantee shall be furnished to the learned advocate appearing for Respondent No.2, within a period of two weeks from the date of the bank guarantee. 4 With these observations, Civil Applications are disposed of. 5 Copy of this order duly authenticated be provided to the learned Counsel for the parties. R.M.BORDE D.B.BHOSALE JUDGE JUDGE adb/ca140311