Bombay High Court

KOKILABAI BABURAO CHOUDHARIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE ABASAHEB D SHINDE

Holding

The court allowed the petitioner to withdraw the amount of Rs.7,00,000 together with accrued interest.

Summary

The petitioner, Kokilabai Baburao Choudhari, filed a criminal application seeking the withdrawal of Rs.7,00,000 deposited by Laxmi Gramin Bigar Sheti Sahakari Patsanstha Maryadit. The application referenced an order dated 05.03.2025 that permitted such withdrawal. The court examined the petition and noted that the matter pertained solely to the withdrawal of the deposited amount, not the calculation of the total outstanding sum. Considering the peculiar facts and circumstances, the bench allowed the withdrawal along with accrued interest. Consequently, the criminal application was disposed, granting the petitioner the requested relief.

Issues considered

Whether the petitioner is entitled to withdraw the deposited amount of Rs.7,00,000 along with interest under the order dated 05.03.2025

Subjects

criminal application
withdrawal of deposit
cooperative society
interest
High Court of Bombay
Aurangabad bench

Judgment

2026:BHC-AUG:9347-DB


                                                                      31-cri.wp-211-2021
                                                    -1-

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                              31CRIMINAL APPLICATION NO. 4754 OF 2025
                                        IN APPLN/3317/2023

                                   Kokilabai Baburao Choudhari
                                              VERSUS
                                The State Of Maharashtra And Others
                                                ...
                                               WITH
                            CRIMINAL WRIT PETITION NO. 211 OF 2021
                                               WITH
                             CRIMINAL APPLICATION NO. 3317 OF 2023
                                          IN WP/211/2021
                                                …
                Mr. Anshuman Deshmukh h/f. Mr. Mahesh S. Deshmukh, Advocate
                for Applicant
                Mr. V. M. Jaware, APP for Respondents/State
                Mr. S. A. Ambilwade h/f.Mr. G. L. Gujar, Advocate for
                intervenor/Patsanstha
                                                ...
                                      CORAM : SANDIPKUMAR C. MORE AND
                                              ABASAHEB D. SHINDE, JJ.
                                      DATED : 4TH MARCH 2026

                PER COURT :-

                1.        Not on board. Upon mentioning taken on board.


                2.        Heard.


                3.        Though the learned Counsel for the Applicant/Orig. Petitioner

                has placed on record chart showing calculations of entire outstanding

                amount, presently we are dealing with the Criminal Application for

                withdrawal of amount.

                Narwade
                                                        31-cri.wp-211-2021
                                     -2-

4.        By this Criminal Application, the Applicant/Orig. Petitioner is

seeking withdrawal of amount of Rs.7,00,000/- deposited by Laxmi

Gramin Bigar Sheti Sahakari Patsanstha Maryadit, Wadi (Bk.), Tq.

Shirpur, Dist. Dhule pursuant to order dated 05.03.2025.


5.        In peculiar facts and circumstances and for the reasons stated

in the Criminal Application the same is allowed in terms of prayer

Clause-B.


6.        We permit the applicant/original petitioner to withdraw the

said amount of Rs.7,00,000/- along with the accrued interest thereon.


7.        Criminal Application stands disposed of accordingly.


[ABASAHEB D. SHINDE, J.]                   [SANDIPKUMAR C. MORE, J.]




Narwade

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