Bombay High Court
Dyanandev Nivrutti MuleversusTHE STATE OF MAHARASHTRA
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court held that the applicant may withdraw the entire deposited amount upon furnishing the required undertaking.
Summary
The applicant, Dyanandev Nivrutti Mule, filed a civil application seeking to withdraw the amount deposited by the Acquiring Body pursuant to a modified court order dated 03.09.2025. The modified order required the Acquiring Body to deposit 50% of the compensation award along with accrued interest, which was done on 10.08.2026. The issue before the Court was whether the applicant could withdraw the entire deposited sum after the Acquiring Body complied with the order. The Court observed that the deposit had been made as directed and that the applicant was entitled to the withdrawal, subject to furnishing a standard undertaking to the Registrar. Accordingly, the Court permitted the applicant to withdraw the whole amount deposited.
Issues considered
- Whether the applicant is entitled to withdraw the amount deposited by the Acquiring Body after compliance with the modified court order
Subjects
- civil procedure
- court order
- deposit withdrawal
- compensation award
- interest
Judgment
2026:BHC-AUG:42365
954 CA 10636 26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
954 CIVIL APPLICATION NO. 10636 OF 2026
IN FAST/19770/2025
DYANANDEV NIVRUTTI MULE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Naiknavare Ramesh Vitthal
AGP for Respondent nos. 1 & 2 : Mrs. D. S. Jape
...
CORAM : SMT. MANJUSHA AJAY
DESHPANDE, J.
DATE : 11.09.2026
PER COURT :
This application is filed by the claimant seeking withdrawal of the
amount deposited by the appellant-Acquiring Body before this Court
pursuant to the modified order dated 03.09.2025, whereby the Acquiring
Body was directed to deposit 50% of the amount of compensation under the
Award along with accrued interest. Pursuant thereto, the said amount has
been deposited by the Acquiring Body on 10.08.2026.
2. In view of the deposit made by the Acquiring Body, the applicant is
permitted to withdraw the entire amount deposited, subject to furnishing
the usual undertaking to the satisfaction of the Registrar (Judicial) of this
Court.
( SMT. MANJUSHA AJAY DESHPANDE, J.)
mkd/-
1/1
Checking your session…