Civil Appln. No. 5020/08 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5020 OF 2008 IN FIRST APPEAL NO. 13 OF 1989 Panditrao s/o. Shivajirao Deshpande, Age 75 yrs., Occu. Legal Practitioner, R/o. Beed. ....Applicant. Versus 1. The State of Maharashtra 2. Special Land Acquisition Officer, Beed. 3. Executive Engineer, Maharashtra State Electricity Board, Beed. ....Respondents. Mrs. M.A. Kulkarni, Advocate for applicant. Mr. S.S. Choudhari, Advocate for respondents. CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. Reserved on : 23rd September, 2011. Pronounced on : 29th September, 2011. ORDER : [ PER T. V. NALAWADE, J. ] 1. This application is filed for release of bank guarantee furnished by the applicant as per the conditions imposed by this Court on the applicant. The applicant had applied for permission Civil Appln. No. 5020/08 2 to withdraw the amount of compensation deposited in the First Appeal during pendency of the proceeding. The compensation was deposited in appeal filed against the decision of land reference. 2. First Appeal No. 13/1989 and other connected appeals filed by the State Government against the common award were allowed by this Court and all the matters were remanded back. The Reference Court reduced the award amount after remand of the matters. 3. It is the case of the applicant that he is entitled to recover more amount than the amount which is withdrawn by him and so, the bank guarantee obtained from him, needs to be released. On the other hand, it is the case of the State Government that as the award amount is reduced, the State Government is entitled to recover the amount paid in excess to the applicant by way of restitution. The applicant has filed execution proceeding and similarly, the State has filed proceeding for return of the amount by way of restitution. 4. In connected appeals, in view of similar circumstances, similar civil applications were filed and Civil Civil Appln. No. 5020/08 3 Application No. 9069/2005 was filed in First Appeal No. 15/1989. In that proceeding, this Court has directed the Executing Court to decide such dispute. As in similar circumstances, this Court has made some orders in connected matters, similar order needs to be passed in the present civil application and so the following order. O R D E R (a) As the parties are already before the Executing Court, the parties are to produce their respective calculations about their entitlement before the Executing Court and the Executing Court is to give decision in respect of the dispute after hearing both the sides. (b) At the conclusion, if the Executing Court arrives at a finding that the applicant is entitled to more amount than the amount already withdrawn by him, the finding is to be informed to the Registrar Judicial of this Court and in turn, the Registrar Judicial is to allow the release of bank guarantee. However, if the Executing Court gives a finding that the amount withdrawn after giving bank guarantee exceeds to the amount to which the applicant is entitled in view of Civil Appln. No. 5020/08 4 decision given after remand of the matter, such finding needs to be informed to the Registrar Judicial of this Court and then the Registrar Judicial is to allow the Acquiring Body to invoke the bank guarantee to the extent of excess amount withdrawn by the applicant. (c) Without reference to this Court, further steps are to be taken by the Registrar Judicial. (d) If the finding goes against the applicant, the applicant will be at liberty to approach this Court in the appeal, if any, filed against the decision given by the Reference Court after the remand of the matter for obtaining orders in respect of encashment of the bank guarantee. (e) Parties are to appear before the Executing Court on 10.10.2011. (f) Registrar Judicial is to send a copy of this order to the Executing Court, however, the parties will be at liberty to take further steps on the basis of certified Civil Appln. No. 5020/08 5 copy of this order. (g) In the aforesaid terms, the civil application stands disposed of. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/