Bombay High Court
MAHENDRA GANESHLAL AGRAWAL AND ORS.versusTAPI IRRIGATION DEVELOPMENT CORPORATION, THROUGH ITS EXECUTIVE ENGINEER AND ANOTHER
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court allowed withdrawal of 50% of the deposited compensation upon furnishing an undertaking and an additional 25% upon furnishing satisfactory solvency/security, with accrued interest.
Summary
The applicants, Mahendra Ganeshlal Agrawal and others, filed an application seeking permission to withdraw compensation that had been deposited with the High Court of Bombay. They relied on a prior order dated 09.06.2025 in Civil Application No.2120 of 2025. The Court examined whether the applicants could be allowed to retrieve the deposited amount and what safeguards should accompany such withdrawal. It held that the applicants may withdraw fifty percent of the amount upon furnishing an undertaking, and an additional twenty‑five percent upon providing satisfactory solvency or security to the Registrar, with accrued interest payable. The remaining balance stays with the Court. Accordingly, the application was disposed with the specified directions.
Issues considered
- Whether the applicants are entitled to withdraw the compensation deposited with the Court
- What conditions, if any, should be imposed on the withdrawal of the deposited compensation
Subjects
- compensation
- withdrawal
- court deposit
- undertaking
- solvency
- interest
- civil procedure
Judgment
2026:BHC-AUG:41077
923-CA.10166 OF 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
923 CIVIL APPLICATION NO. 10166 OF 2026
IN FAST/1143/2026
Mahendra Ganeshlal Agrawal And Ors.
VERSUS
Tapi Irrigation Development Corporation, Through Its Executive
Engineer And Another
...
Mr. More Kumar Gaurav Madhav, Advocate for Applicants.
Mr. S. R. Yadav, AGP for Respondent No.1.
...
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 4th SEPTEMBER, 2026
PER COURT :
1. Heard learned advocate for the applicants and learned AGP for
respondent no.1.
2. The applicants are the original claimants. By way of
application, a prayer is made to allow the applicants to withdraw the
amount of compensation deposited by the appellant-acquiring body
in the office of this Court. Reliance is placed on order dated
09.06.2025 passed in Civil Application No.2120 of 2025 in First
Appeal (Stamp) No.4027 of 2025.
3. Considering above, this Court finds that the application can be
disposed off with following directions :-
Sayyed 1/2
923-CA.10166 OF 2026.doc
(i) The applicants are allowed to withdraw 50% of the
amount deposited in this Court on furnishing an
undertaking.
(ii) 25% of the amount is allowed to be withdrawn on
furnishing solvency / security to the satisfaction of the
Registrar (Judicial) of this Court. The amount is
allowed to be withdrawn alongwith accrued interest.
4. With this, application stands disposed off.
(JITENDRA JAIN, J.) (KISHORE C. SANT, J.)
Sayyed 2/2
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