C.A.No.6606 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.6606 OF 2011 IN FIRST APPEAL NO.2772 OF 2010 Chintaman Eknathrao Shinde and anr. ..Applicant Versus Maharashtra State Electricity Distribution Co.Ltd.,through its Executive Engineer, Divisional Office, Ambajogai ..Respondent Mr R.P.Bhumkar, Advocate for applicants Mr P.B.Paithankar, Advocate for respondent CORAM : MRS MRIDULA BHATKAR, J. DATE : 13th September 2011 PER COURT 1. Application is moved by the appellant for withdrawal of the 50% amount of the compensation, i.e. Rs.2,62,500/-. The suit is decreed by way of granting compensation of Rs.5,25,000/- with 6% interest from the date of the judgment. Applicant has filed the suit against the respondent – Electricity Company for compensation as due to sparkling of the electricity wires, which are running across the land of the applicant, the trees standing in his land were burnt and great financial loss was caused to the applicant. 2. Learned Counsel appearing for the appellant i.e. original respondent – electricity company vehemently opposed this application for withdrawal of the amount. He submits that the the respondent has C.A.No.6606 of 2011 2 deposited 50% of the decretal amount as per the order passed by this Court. He submitted that in appeal, the incident of sparkling and burning of the trees is challenged on the ground that it is stage managed and a false claim was filed by the applicant. He submitted that the trees standing on 8 acre of land as per the applicants were burnt and flames were upto 15 to 20 feet high. However, the house of the applicants, which situates in the land remained intact. It is further argued that there are other points and on merit the company has good case. Therefore, learned Counsel submitted that if the appeal is allowed, the amount cannot be recovered from the applicants. 3. Considering the submissions advanced by the learned Counsel for the parties and in view of the questions raised in the appeal, as the incident itself is challenged as it is stage managed, in all fairness, I am of the view that the amount deposited by he appellant is to be kept in fixed deposit. If appeal fails then the applicants will receive the decretal amount with interest and no financial loss will be caused to the applicants. Civil Application stands disposed of accordingly. ( MRS MRIDULA BHATKAR, J. ) (vvr/6606.11ca)