1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO.437/2011 M.I.D.C. ..VS.. ATUL NARAYANRAO MAKDE AND OTHERS Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri M.M. Agnihotri, advocate for appellant Shri P.A. Abhyankar, advocate for respondent no.1 Shri R.S. Parsodkar, advocate for respondent no.2 Shri M. Kadu, A G P for respondent no. 5 to 6 CORAM: A.B. CHAUDHARI, J. DATE : 22.12.2011. CIVIL APPLICATION CAF NO.2732/2011 Heard learned counsel for parties. Pursuant to the orders made by this court, 75% amount has been deposited to which counsel for respondent no.2,3 & 4 has made claim for withdrawal. Counsel on behalf of respondent no.2,3 & 4 agrees to furnish security for 50% of the 75% amount deposited. This statement is, therefore accepted. Security be furnished for withdrawal of 50% of the 75% amount deposited. The balance amount of 25% shall be permitted to be withdrawn on furnishing usual undertaking-affidavit. Mr. Agnihotri learned counsel for the appellant submits that in case the appeal succeeds there should be order of refund with 6% interest. I do not think that at this stage such order should be 2 made since the court which would decide the appeal finally would be the court deciding the rate of interest for refund as well as interest. Civil application stands disposed of. CIVIL APPLCIATION CAF NO.3298/2011 Heard. This application be kept pending, since the 25% amount has yet not been deposited. Mr. Agnihotri seeks further time of six weeks. Six weeks time granted to deposit balance amount of 25%. JUDGE SMP