Bombay High Court

Bhagaji Chimaji Matsagar died through lrs ashok bhagaji matsagarversusthe state of maharashtra through collector aurangabad

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The applicant may withdraw 50% of the amount deposited, upon furnishing an undertaking satisfactory to the Registrar, with interest accruing.

Summary

The applicant, Bhagaji Chimaji Matsagar (deceased), filed a civil application seeking withdrawal of the amount deposited by the acquiring body in the High Court. The applicant relied on a prior order (Civil Application No.4261 of 2021, First Appeal No.107 of 2019) where the Court allowed withdrawal of 50% of a similar deposit upon furnishing an undertaking. The acquiring body’s counsel agreed with this contention. The Court, after considering the precedent, partially allowed the application, permitting withdrawal of 50% of the deposited amount subject to an undertaking satisfactory to the Registrar, with interest accruing up to the date of withdrawal. The order was pronounced by Justice Ajit B. Kadethankar on 11 September 2026.

Issues considered

Whether the applicant is entitled to withdraw the amount deposited by the acquiring body
Whether a partial withdrawal of 50% is permissible under the earlier precedent

Subjects

withdrawal of deposited amount
civil application
undertaking
interest
partial relief
high court

Judgment

2026:BHC-AUG:42202



                                                        1
                                                                    935 CA 10484 OF 2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 935 CIVIL APPLICATION NO. 10484 OF 2026
                                              IN FA/2921/2022

                     BHAGAJI CHIMAJI MATSAGAR DIED THROUGH LRS ASHOK
                                         BHAGAJI MATSAGAR
                                                VERSUS
                       THE STATE OF MAHARASHTRA THROUGH COLLECTOR
                                             AURANGABAD
                                                   ...
                     Mr. Y. D. Kale, Advocate for Applicant
                     Mr. K. B. Jadhavar, AGP for Respondent-State
                     Mr. G. S. Khaire h/f. Mr. S. S. Dande, Advocate for
                     Respondent/Acquiring Body

                                                     WITH
                                      CIVIL APPLICATION NO. 8769 OF 2022
                                                IN FA/2921/2022

                             OFFICER IN CHARGE MIDC AURANGABAD
                                             VERSUS
                          BHAGAJI CHIMAJI MATSAGAR DEAD AND OTHERS
                                              WITH
                              CIVIL APPLICATION NO. 10485 OF 2026
                                         IN FA/2921/2022
                                                …

                                                CORAM : AJIT B. KADETHANKAR, J.
                                                DATED : 11th September 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 10484 OF 2026

                     .         This     Civil    Application   is   filed     by    the

                     claimant/respondent in the First Appeal seeking withdrawal of
                               2
                                             935 CA 10484 OF 2026

the amount deposited by the acquiring body in this Court.

2.    Mr. Y. D. Kale, learned Advocate for the applicant relies

upon order dated 01.04.2021 passed by this Court in Civil

Application No.4261 of 2021 in First Appeal No.107 of 2019.

He would submit that in identical matter arising out of the

same proceedings, this Court has allowed withdrawal of 50%

of deposited amount on furnishing undertaking. The copy of

the said order is taken on record and marked as Annexure “X”

for identification.

3.    Mr. G. S. Khaire h/f. Mr. S. S. Dande, learned Advocate

for the acquiring body fairly agrees with such contention.

4.    In view of this, Civil Application is partly allowed

permitting the applicant to withdraw 50% of the amount

deposited in this Court by furnishing undertaking to the

satisfaction of learned Registrar (Judicial) of this Court.

Needless to mention, withdrawal shall carry interest accrued

thereon till the date of withdrawal.



                                   ( AJIT B. KADETHANKAR, J. )
PRW

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