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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/-
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