1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.484 OF 2008 WITH WRIT PETITION NO.497 OF 2008 WITH WRIT PETITION NO.499 OF 2008 WITH WRIT PETITION 502 OF 2008 WITH WRIT PETITION NO.503 OF 2008 WITH WRIT PETITION NO.504 OF 2008 M/s.Indrayani Holdings & Estate Developers Pvt.Ltd. .. Petitioners Versus State of Maharashtra & Ors. .. Respondents Mr.P.K.Dhakephalkar, Senior Advocate with Niranjan Shimpi and Neha Bhide for petitioners Ms.V.Mhaispurkar, A.G.P. for State. CORAM : S.C.DHARMADHIKARI, J. DATE : 24th January 2008 P.C. . Petitioners before me were original 2 applicants in the Land Acquisition Reference which was filed under section 18 of the Land Acquisition Act, 1894. Once, they were original applicants and the award of reference court is in their favour so also the State Government while filing appeal has impleaded them as respondents, then, they could not have been prevented from withdrawing the sums deposited in the trial court. If at all the trial court was apprehending that the original owner may raise some dispute the trial court could have imposed appropriate conditions while allowing them to withdraw the amount. 2. Mr.Dhakephalkar, learned Senior Counsel makes a statement that petitioners in each of these petitions shall furnish an undertaking to the trial court which shall enure for the State Government in the first appeals as well, stating therein in clearest terms that in case the original owners or anybody claiming through them, 3 raise a dispute or claim the amounts, or any portion thereof, which have been withdrawn by the petitioners, then, they would indemnify the State Government in that behalf. Such undertaking to be filed within 15 days from today. Upon such undertaking being filed, the trial court to implement the order passed by this Court and permit withdrawal of the amount with accrued interest. Petition disposed of. (S.C.Dharmadhikari, J)