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Bombay High Court

MAHADEO PANDHARINATH MUNDE AD ANRversusTHE EX. ENGINEER, BEED IRRIGATION DIVISION, THR G.M.I.D.C., AURANGABAD AND ANR.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the requirement of a solvent surety/security/bank guarantee is relaxed and the applicant may submit a usual undertaking to withdraw the balance amount.

Summary

The applicant Mahadeo Pandharinath Munde sought to withdraw the remaining 25% of an amount deposited by the acquiring body, which had earlier deposited only 50% of the sum ordered by the court. The court had previously conditioned the withdrawal on the applicant furnishing a solvent surety, security, or bank guarantee. The applicant filed an application to replace this stringent condition with a simple undertaking. The court observed that the acquiring body had not complied with the earlier direction to deposit the full amount, and imposing a strict surety requirement would defeat the purpose of the order. Consequently, the court allowed the application, modifying the earlier order to permit the applicant to submit a usual undertaking satisfactory to the Registrar. The Registry was directed to disburse the balance amount upon receipt of the undertaking.

Issues considered

  • Whether the condition of furnishing a solvent surety/security/bank guarantee for withdrawal of the balance amount can be relaxed
  • Whether the applicant may withdraw the remaining 25% of the deposited amount upon furnishing a usual undertaking

Subjects

  • withdrawal of deposited amount
  • surety requirement
  • court order modification
  • civil procedure
  • irrigation department

Judgment

2026:BHC-AUG:38177



                                                                       11-CA.10268.2025


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           918 CIVIL APPLICATION NO. 10268 OF 2025
                                        IN FA/1058/2019

                             Mahadeo Pandharinath Munde and Anr
                                             VERSUS
                     The Executive Engineer, Beed Irrigation Division And Anr.

                                              ----
            Mr.Sachin S. Tambe, Advocate h/f. Mr.Santosh S. Jadhavar, Advocate for
            applicant

            Ms.Vaishali S. Swami, Advocate h/f. Mr.Mahesh C. Swami, Advocate for
            respondent no.1

            Mr.R.K.Ingole, AGP for respondent no.2
                                              ----

                                       CORAM :      AJIT B. KADETHANKAR, J.
                                       DATE  :      AUGUST 20, 2026

            ORDER :-


                         Despite this court directed the respondent – acquiring body

            to deposit the entire amount in this court while granting stay, the

            acquiring body opted to deposit 50% amount only. Out of the 50%

            amount, the applicant initially withdrew 75% of the deposited amount

            and later filed an application to withdraw the balance amount, i.e. 25%

            of the deposited amount. This court allowed to withdraw the balance

            amount also putting a condition to submit solvent surety/security/bank

            guarantee.
                                     2                          11-CA.10268



2.          This application is filed to relax the condition of

submitting solvent surety/security/bank guarantee and instead to

permit the applicant to submit usual undertaking.      Considering the

fact that the acquiring body has not even deposit the entire amount

as was directed by this court, I find that such stringent condition

would   frustrate    the   object   of   the   order   permitting     the

applicant/claimant to withdraw the amount.


3.          Hence, this application stands allowed. The order dated

22.04.2025 passed in Civil Application No.13568 of 2023 is modified

to the extent of submitting solvent surety/security/bank guarantee.

Instead, the applicant is permitted to submit usual undertaking to

the satisfaction of learned Registrar (Judicial) of this court. Registry

is directed to disburse the amount to the applicant by accepting the

usual undertaking.




                                  [AJIT B. KADETHANKAR, J.]
                                ………..


KBP


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