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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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