JUDGMENT :

DINESH MAHESHWARI, J.

Leave granted.

2. The appellants herein are respondents in First Appeal No. 1673 of 2017 (First Appeal St. No. 37304 of 2016) pending in the High Court of Judicature at Bombay, Bench at Aurangabad. They have preferred this appeal for being aggrieved of the order dated 03.12.2018, as passed in Civil Application No. 7037 of 2018 moved in the said appeal, whereby the High Court has allowed the applicant-Maharashtra Tourism Development Corporation (‘MTDC’-respondent No.1) ¹[Hereinafter, for continuity and uniformity, the respondent No. 1 is referred to as ‘the applicant-MTDC’.] to withdraw an amount of Rs. 1,37,50,547/-, which was deposited by them on 20.03.2018 towards enhanced amount of compensation.

3. Put in a nutshell, the case of the applicant-MTDC before the High Court had been that 50% of the amount of compensation awarded by the Reference Court had already been deposited by them on 20.01.2017 in terms of the order passed by the High Court on 14.12.2016; and the said order dated 14.12.2016 having not been altered by any Court, they had mistakenly deposited further an amount of Rs. 1,37,50,547/-and were entitled to withdraw the same.

3.1. On the other