1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8452 OF 2009 WITH CIVIL APPLICATION NOS. 8453/09, 8454/09, 8457/09, 8456/09, 8455/09, 8458/09. Mr. Subhash Mundhe, Advocate holding for Mr. E.G. Irale, Advocate for the applicants. Mrs. R.K. Laddha, AGP for the State. ===== CORAM: R.M.BORDE, J. DATE : 1st October, 2009. PER COURT : 1 Perused the report tendered by the Principle District Judge, Latur. Applicants while tendering the applications had represented as if the executing court directed deposit of amount in co-operative bank in fixed deposit as a pre-condition for withdrawal of the amount of compensation. However, it was not brought to the notice of the court that while dealing with the execution application, executing court had permitted withdrawal of amount of compensation by the respondents/claimants on furnishing bank guarantee for the like amount. Copy of the order passed by the executing court is part of the report tendered by the Principle District Judge. Applicants while tendering the application have mis-stated the facts and secured orders in respect of 2 withdrawal of the amount. The fact remains that only 20% amount remains invested in fixed deposit and that too at the instance of respective claimants / applicants. Amount is deposited with the co- operative bank for securing bank guarantee from the concerned bank for securing withdrawal of the amount of compensation deposited by the State. The amount deposited in fixed deposit was infact at the instance of claimants and it is revealed that the executing court was not instrumental in making deposit nor has passed any order in that regard. The applicants have thus mislead the court and secured order in respect of withdrawal of amount. In these circumstances, order passed by this court on 21-8-2009 stands recalled. Learned counsel for the applicants submits that the claimants are poor agriculturists and order is likely to cause hardship and they may be permitted to present fresh applications explaining all the details and they further be permitted to advance prayer for withdrawal of the amount. In the facts and circumstances of the case, I deem it appropriate to grant liberty to the applicants to file fresh application explaining all the details. Applications, if tendered, shall be dealt with on its own merit. (R.M.BORDE) JUDGE ******* 3