{1} ca1272110.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12721 OF 2010 IN FIRST APPEAL NO.176 OF 1994 Executive Engineer (Civil) E.H.V. Civil Construction-cum- Maintenance Division, MSETCL, MIDC, Latur Applicant Versus Smt.Kamalbai w/o Govindrao Patil and another Respondents Mr. S.H.Joshi, advocate for the applicant. Mr. S.S.Choudhari, advocate for respondent no.1. Mr.D.R.Kale, A.G.P. for Respondent No.2. CORAM : D.B.BHOSALE AND R.M.BORDE, JJ. DATE : 17 th February, 2011 PER COURT: 1 Heard learned Counsel for the parties. 2 This Civil Application is filed by the Executive Engineer (Civil), E.H.V. Civil Construction-cum-Maintenance Division, MSETCL, MIDC, Latur, seeking permission to withdraw an amount of Rs. 14,00,000/-, which is lying with the Reference Court in L.A.R. No. 157/2003 (Old No.184/90). 3 It appears that the applicants had filed First Appeal No. 176/94 against the judgment and award dated 12.07.1991, passed by the Additional District Judge, Nilanga, in L.A.R. No.157/2003. This Court {2} ca1272110.odt had allowed the appeal setting aside the judgment and award dated 12.07.1991 and remanded the matter to the Reference Court. The Reference Court, after remand, reduced the compensation substantially. It appears that, during pendency of First Appeal No.176/94, the applicants were directed to deposit the entire amount of compensation and accordingly the amount was deposited in the Reference Court. After remand, as per the judgment and award of the Reference Court, dated 19 th September, 2003, the amount of compensation has been withdrawn from the amount that was deposited in the Reference Court in pursuance of the order of this Court in F.A. No.176 of 1994. After withdrawal of the amount of compensation, an amount of Rs.14,00,000/-, with interest, is lying with the Reference Court and hence this application. 4 Considering overall facts of the case and the reasons stated in the application, we are inclined to allow the application to withdraw the amount, as prayed for, with accrued interest, if any. 5 Order accordingly. R.M.BORDE D.B.BHOSALE JUDGE JUDGE adb/ca1272110