1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Civil Application (CAF) No. 540 of 2010 in First Appeal No. 685 of 2004 (MIDC thru. Chief Ex. Officer, Amravati ...VERSUS... Bansi Shiva Jadhao and others) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. Rugved Dhore, Advocate for Applicant/respondent no.1 Ms. Athale, Adv. H/f Mr. M.M.Agnihotri, Advocate for the Appellant. Mr. A.M.Deshpande, A.G.P. for Respondent nos.2 & 3. C ORAM : Smt.Vasanti A. Naik, J. DATED : 25th March, 2010. Heard Mr. Rugved Dhore, the learned counsel for applicant/respondent no.1, Ms. Athale, Advocate holding for Mr. M.M.Agnihotri, Advocate for the appellant and Mr. A.M.Deshpande, the learned AGP for respondent nos.2 and 3. It appears that by order dated 18/10/2006, this Court had permitted the applicant to withdraw 50% of the amount deposited by the appellant-MIDC in this Court, by furnishing Bank Guarantee of a nationalised bank and remaining 50% by furnishing solvent surety or security to the satisfaction of Registrar (Judicial). The learned counsel for the applicant states that the applicant is not in a position to furnish the Bank Guarantee of a nationalised bank as the lands belonging to the applicant were acquired by the State of Maharashtra 2 and the applicant is having no funds. The applicant, therefore, seeks permission to withdraw only 50% of the amount deposited by the MIDC in this Court by furnishing solvent surety/security to the satisfaction of Registrar (Judicial). The prayer made on behalf of the applicant is just and reasonable. Infact that prayer is already granted by this Court by order dated 18/10/2006 and the applicant was permitted to withdraw 50% of the amount on furnishing solvent surety or security to the satisfaction of Registrar (J). In the aforesaid circumstances, the applicant is permitted to withdraw 50% amount deposited by appellant/MIDC in this Court on furnishing solvent surety/security to the satisfaction of Registrar (Judicial). The remaining 50% of the amount may be placed in a nationalised bank in Fixed Deposit initially for a period of three years and the same should be renewed thereafter from time to time during the pendency of this First Appeal. Civil Application is allowed in aforesaid terms and disposed of. JUDGE Mr. D.G.Patil, the learned counsel for the respondent no.1 seeks discharge from the said First Appeal as the learned counsel Mr. Rugved Dhore has filed his power on behalf of respondent no.1 after seeking no objection from him. 3 Since, Mr. Rugved Dhore, the learned counsel appears in the matter on behalf of respondent no.1, the appearance of Mr. D.G.Patil, Advocate stands discharged. JUDGE. Diwale