1 CA No.5900 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.5900 of 2011 In First Appeal Stamp No.22674 of 2009 Dagadu s/o Bhikaji Mogale And Others. .. Applicants. Versus The Deputy Inspector General, Border Security Force, Indore (Madhya Pradesh) And Others. .. Respondents. -------- Shri. V.D. Gunale, Advocate, for applicants. Shri. Alok Sharma, Assistant Solicitor General, for respondent No.1. Shri. K.J. Ghute Patil, Assistant Government Pleader, for respondent Nos.2 and 3. -------- CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE 16 SEPTEMBER 2011 PER COURT : 1) Heard. 2) Perused the order dated 26th August 2011 in a group of civil applications (Civil Application No.7349 of 2 CA No.5900 of 2011 2011 in First Appeal Stamp No.22663 of 2009 and connected matters.). The impugned judgment and award is arising out of the same notification and land acquisition proceedings which were subject matter of the said appeals. 3) We have perused the documents placed on record and the order passed in connected appeals. Considering the submissions advanced and after perusal of the record, we pass following order. (A) The applicants are permitted to withdraw 50% amount out of the amount awarded by the trial Court without furnishing any security. (B) The applicants are permitted to withdraw 25% of the remaining amount by furnishing bank guarantee of any nationalized bank/scheduled bank. (C) The remaining amount of 25% shall be invested in any Nationalized Bank in fixed deposit scheme, initially for a period of three years, with a renewal clause. 3 CA No.5900 of 2011 (D) The applicants shall file an undertaking in the trial Court that they would refund the amount as directed by this Court, in case the appeal filed by the respondents is allowed finally. 4) Civil Application is allowed to the above extent and disposed of. The present first appeal to be heard along with connected appeals. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl