Bombay High Court
Rahul Shahaji PatilversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The petitioners are entitled to withdraw 50% of the deposited amount with interest upon an undertaking and a further 25% with interest upon a satisfactory surety, with the remainder to be invested in a nationalised bank.
Summary
The petitioners, Rahul Shahaji Patil and Amo Shahaji Patil, filed civil applications seeking withdrawal of an amount deposited by the Acquiring Body as ordered by the Court on 29 August 2026. The Court held that the petitioners may withdraw 50% of the deposited sum, together with accrued interest, upon furnishing a standard undertaking to the Judicial Registrar. Additionally, they may withdraw a further 25% of the sum, with accrued interest, upon furnishing a solvent surety satisfactory to the Registrar. The balance of the amount is to be invested in a nationalised bank for an appropriate period. The applications were consequently disposed of.
Issues considered
- What entitlement, if any, do the petitioners have to withdraw the amount deposited by the Acquiring Body?
- What conditions, if any, must be satisfied for the withdrawal of portions of the deposited amount?
Subjects
- Civil Procedure
- Deposit Withdrawal
- Surety
- Interest
- Nationalised Bank
- Judicial Order
Judgment
2026:BHC-AUG:41468
1 932-CA-10186-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
932 CIVIL APPLICATION NO. 10186 OF 2026
IN FAST/32735/2025
Rahul Shahaji Patil
VERSUS
The State Of Maharashtra Through Collector Osmanabad At Osmanabad
WITH
CIVIL APPLICATION NO. 10187 OF 2026
IN FAST/32732/2025
Amo Shahaji Patil
VERSUS
The State Of Maharashtra Through Collector Osmanabad At Osmanabad
...
Mr.Madhav Jadhav h/f Mr.Abhijit More for the Applicants.
Ms.Preeti Diggikar, AGP for the Respondent/State.
….
CORAM : MANJUSHA DESHPANDE, J.
DATE : 04.09.2026
PER COURT :
1. These two Applications are filed seeking withdrawal of the
amount deposited by the Acquiring Body. Pursuant to the order passed by
this Court, the entire amount has been deposited on 29th August, 2026.
2. The Applicants shall be entitled to withdraw 50% of the
amount, along with accrued interest, upon furnishing the usual
undertaking to the Registrar (Judicial) of this Court.
3. The Applicants shall also be entitled to withdraw 25% of the
amount, along with accrued interest, upon furnishing solvent surety to
the satisfaction of the Registrar (Judicial).
Sunny Thote
2 932-CA-10186-2026.odt
4. The remaining amount shall be invested in a Nationalised
Bank for an appropriate period.
5. In view thereof, Civil Applications are disposed off.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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