(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 6627 of 2009 (In First Appeal No. 4028 of 2008) Rajendra Uttamrao Nade, Age : 47 years, Occupation : Agriculture, R/o. Harangul, .. Applicants Taluka : Latur, (Original District : Latur. claimants) versus 1. Maharashtra Industrial Development .. Non-applicants Corporation, Through Regional (No.1 - Officer, MIDC, Latur. Appellant in F.A. & 2. The State of Maharashtra, No.2 - through Collector, Latur. Respondent No.2 in F.A. ) .......................... Mr. V.D. Gunale, Advocate, for the applicant. Mr. S.S. Dande, Advocate, for non-applicant no.1. Mr. R.P. Phatke, Additional Government Pleader, for non-applicant no.2. .......................... (2) CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 18TH SEPTEMBER 2009. COURT'S ORDER : 1. This is an application on behalf of the original claimant (respondent in the First Appeal) seeking permission to withdraw the amount of Rs. 95,35,985/- deposited by the non-applicant no.1 (appellant in First Appeal) towards entire amount of compensation. 2. The application is partly allowed. (i) The applicant is permitted to withdraw fifty percent of the amount deposited by the appellant, in the following manner. The applicant is permitted to withdraw 25 % [Twenty five percent] amount [out of 50 %] without furnishing bank guarantee. However, the applicant is permitted to withdraw 25 % [Twenty five percent] amount [out of 50 %] on furnishing bank guarantee of any nationalized bank or scheduled bank. (ii) Fifty percent amount [out of 100 %] shall be invested by the Registrar [Judicial] in a fixed deposit receipt in the State Bank of (3) Hyderabad, High Court Branch, initially for a period of three years and thereafter to be renewed year to year basis, till final disposal of the appeal. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca6627