(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 832 of 2009 (In First Appeal No. 24 of 2003) Sanjay Raghunath Chaudhari. .. Applicant versus The State of Maharashtra, through the Special Land Acquisition Officer, Upper Tapi Project, Hatnoor, Jalgaon, and another. .. Non-applicants. .......................... Mr. A.B. Kale, Advocate, for the applicant. Assistant Government Pleader for non-applicant no.1. Mr. P.N. Kutti, Advocate, holding for Smt. Chaitrali Chaudhari, Advocate, for non-applicant no.2. .......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 24TH JULY 2009. (2) COURT'S ORDER : 1. This is an application for withdrawal of the amount. The applicant was earlier permitted to withdraw an amount of Rs. 4,00,000/-. The present application is filed on the ground that the outstanding loan taken by the petitioner is to the tune of Rs. 17,94,000/-. It is submitted that the applicant is unnecessarily required to pay huge amount of interest though the amount, to which he is entitled, is lying with the court. 2. The application is vehemently opposed by Mr. Kutti, learned Counsel appearing for non-applicant no.2. 3. Since an amount of Rs. 4,00,000/-, out of the amount of Rs. 25,00,000/- deposited in the Reference Court, is already permitted to be witndrawn, there is amount of Rs. 21,00,000/- which is still lying with the Reference Court. Though the learned Counsel for the applicant seeks permission to withdraw the entire amount, taking into consideration the discussion in the impugned award, we are not inclined to allow the said prayer. 4. However, taking into consideration the fact that the loan taken by the applicant is to be repaid, we are inclined to partly allow the prayer. At the same time, interest of the public exchequer will have to be safeguarded. 5. In that view of the matter, application is partly allowed. (i) The applicant is permitted to withdraw an amount of Rs. 10,00,000/- [Rupees Ten Lacs] on furnishing bank guarantee of a nationalized bank, to (3) the satisfaction of the executing court. (ii) The applicant shall further deposit a receipt in this court, within a period of two weeks from the withdrawal of the amount, denoting the payment of entire amount of Rs. 10,00,000/- to the Central Bank of India, Anturli Branch (Taluka : Edlabad, District : Jalgaon). ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca832