1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Civil Application [F] No. 2287 of 2011 AND First Appeal No.86 of 2011 [Vidarbha Irrigation development Corporation Vs. Sukhdeo Ganpat Dandade & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. N.B. KalwagheP.B. Patil, Adv., for respondent nos. 1 to 4. Mr. P.B. Patil, Adv., for appellant. Mr. Kankale, AGP for respondent no. 5. ----- CORAM : B.P. DHARMADHIKARI AND A.P. BHANGALE, JJ. DATE : 02nd September, 2011. Heard. Respondent Nos. 1 to 4 have filed this application seeking leave to withdraw the amount of land acquisition compensation deposited by appellant in pursuance of orders dated 8th July, 2011 passed by this Court in Civil Application [F] No. 196 of 2011. Learned Adv. Mr. Kalwaghe for applicants states that arising out of same land acquisition proceedings and the Judgment under Section 18 of the Land Acquisition Act passed by very same Reference Court, the appellants have 2 filed First Appeal No. 49 of 2011 and there this Court had directed appellant to deposit entire amount as awarded by Reference Court. While passing orders on CAF No. 1190 of 2011 therein, sixty per cent of the amount deposited has been allowed to be withdrawn. He, therefore, seeks leave to withdraw fifty per cent of the amount as deposited here. Mr. Patil for appellant and learned AGP for respondent no.5 are strongly opposing the prayers for withdrawal. After hearing respective counsel, we find that in earlier Appeal, i.e., First Appeal No. 49 of 2011, sixty per cent of the total amount has been allowed to be withdrawn on furnishing security. Here this Court has asked the appellant to deposit only fifty per cent of the amount awarded by Reference Court. In this situation, we permit the applicants to withdraw that amount subject to furnishing security to the satisfaction of the Registrar [Judicial] of this Court. Application is accordingly allowed. Interim orders granted on 8th July, 2011 are confirmed. Judge Judge |Hedau| 3