FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS CA/12646/2010 ASHROBA V/S GODAVARI 1. This is an application seeking withdrawal of the amount deposited by non-applicant No.1. 2. Reference filed by the present applicant came to be allowed by the Reference Court. Non applicant No.1 has assailed the said award in the present appeal. 3. Shri Chavare, learned Advocate for respondents resists the application on the ground that reference Court has awarded exorbitant amount of compensation without any evidence on record. 4. The amount deposited in the Court would be lying idle. It will be in nobody's interest to keep the amount idle. Moreover, the reference Court has, on some evidence, granted enhancement in the amount of compensation. At the same time, the amount deposited and which will be allowed to be withdrawn also have to be safeguarded. In the light of the above, I pass the following order. 5. The application is allowed. The applicants are allowed to withdraw the amount of Rs.25,000/- on furnishing an undertaking in the form of affidavit that if the appeal is allowed, the applicants shall deposit the said amount along with interest within the period of one month. The applicants are also allowed to withdraw the remaining amount on furnishing the solvent security to the satisfaction of the Reference Court. No order as to costs. Dt.19.11.2010 (S.V.GANGAPURWALA, J.) akl