Bombay High Court

TUKARAM KUSHABA KADAMversusEXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD (NOW UNDER THE MKVDC LTD, PUNE)

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the applicant to withdraw a further 25% of the deposited amount, subject to the usual undertaking and interest.

Summary

The applicant, Tukaram Kushaba Kadam, sought the court’s permission to withdraw an additional 25% of an amount previously deposited by the acquiring body, after having already withdrawn 50% under an earlier order. The issue before the court was whether the earlier precedent—Civil Application No. 6502 of 2024 in First Appeal No. 201 of 2019—authorized a further withdrawal of 25%. The applicant relied on that precedent, and the acquiring body’s counsel agreed to the submission. The court examined the prior order and found no legal impediment to allowing the additional withdrawal, subject to the usual undertaking and interest on the withdrawn sum. Consequently, the court allowed the application, permitting the withdrawal of the further 25% with interest, and disposed of the application.

Issues considered

Whether the applicant is entitled to withdraw a further 25% of the amount deposited by the acquiring body.
Whether the earlier order in Civil Application No. 6502 of 2024 (First Appeal No. 201 of 2019) permits such additional withdrawal.

Subjects

withdrawal of deposit
civil application
court order amendment
interest on withdrawn amount
precedent

Judgment

2026:BHC-AUG:41270



                                                       1
                                                                       938-ca-10134-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 10134 OF 2026
                                              IN FA/206/2019

                                        Tukaram Kushaba Kadam
                                                VERSUS
                       Executive Engineer, Medium Project Division, Osmanabad
                                   (now Under The Mkvdc Ltd, Pune)
                                                    ...
                     Mr. E. S. Murge, Advocate for Applicant
                     Mr. R. K. Ingole, AGP for Respondent-State
                     Mr. A. R. Lukhe h/f Mr. A. S. Shelke, Advocate for Respondent
                     no.1
                                                   …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 04TH SEPTEMBER, 2026
                     P.C. :-

                     .         At the outset, liberty is sought to correct prayer clause

                     (B), thereby deleting the digits “50%”.

                     2.        Leave granted. Amendment be carried out forthwith.

                     3.        Pursuant to the orders passed by this Court, the

                     applicant has already withdrawn 50% of the amount

                     deposited by the acquiring body. Now, this successive

                     application seeking withdrawal of further 25% of the

                     deposited amount is filed. The reasons requiring the

                     withdrawal are stated in paragraph Nos. 6 to 8 of the

                     application.
                                    2
                                                     938-ca-10134-2026

4.      Mr. E. S. Murge learned Advocate for the applicant-

claimant relies upon the order dated 12.07.2024 passed by

this Court in Civil Application No. 6502 of 2024 in First

Appeal No.201 of 2019. He would submit that in the

connected matters this Court has granted permission to

withdraw further 25% of the amount.

5.      Mr. A. R. Lukhe h/f Mr. A. S. Shelke, learned Advocate

for the Acquiring Body fairly agrees to the said submission.

6.      In view of this, I pass the following order:

                                ORDER

        a.       Civil Application stands allowed.
        b.    The applicant is permitted to withdraw
        further 25% of the amount by furnishing the
        usual undertaking to the satisfaction of the
        learned Registrar (Judicial) of this Court.
        c.    Needless to mention, the permitted
        withdrawal shall carry the interest accrued
        thereon.
        d.       Civil Application stands disposed of.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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