1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 571/2010 IN First Appeal No. 758/2004 (The Ex.Engineer, M.I. Dept. Z.P. Akola VERSUS Gorakshan Sanstha throl. Its secretary Vijaykumar Shivshankarji Jani & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri G.G. Mishra, counsel for the appellant. Shri R.B. Agrawal & Shri V.K. Paliwal, counsel for the R-1. Mrs. S.S. Wandile, A.G.P. for the R-2. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 15, 2010 . The applicant seeks permission to withdraw this application. Permission is granted. The civil application is disposed of as withdrawn. C.A.F. NO.570/2010. Heard. Perused the contents of the civil application. This Court had, by an order dated 21.04.2005, permitted the respondent no.1 to withdraw an amount of Rs.35,26,663/- deposited by the appellant in the reference Court and directed it to invest the entire amount in a fixed deposit in Janata Commercial Cooperative Bank, Akola. This Court made it categorically clear that the respondent will not 2 withdraw the principal amount or the interest thereon during the pendency of the appeal without the permission of the Court. Thereafter, the respondent sought the permission of the Court to withdraw the amount and this Court, by a reasoned order dated 23.02.2007, permitted the respondent to withdraw an amount of Rupees Five Lacs, which was lying in the fixed deposit account and made it amply clear that the balance amount should not be utilized by the respondent and should be retained in the fixed deposit account of the bank where the amount was deposited. Looking to the present scenario, it would not be safe to keep the balance consideration in the Janata Commercial Cooperative Bank, Akola and it would be necessary to place the same in the fixed deposit account of a nationalized bank at Nagpur. The prayer made in this civil application for withdrawal of additional amount of Rupees Eleven Lacs from the amount lying in the bank is, however, rejected as the respondent no.1 cannot be permitted to withdraw the amount merely for the purpose of constructing a cattle shed at village Dabki. The Trust may carry out the construction, if any, from the funds of the trust and since it prima-facie appears that the reference Court has granted exorbitant compensation to the 3 respondent no.1 in this case, there cannot be any modification of the order passed by this Court on 23.02.2007 permitting the respondent-Trust to withdraw the amount of Rupees Five Lacs lying in the fixed deposit account. The respondent no.1 is, however, at liberty to apply for early hearing of the first appeal. The amount placed in the Janata Commercial Cooperative Bank Limited, Akola should be transferred in any nationalized bank at Nagpur within a period of one month from today. The civil application is disposed of in the aforesaid terms. JUDGE APTE