Bombay High Court

BALU DATTATRAYA KHARADEversusTHE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG SHRIGONDA

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The claimants are entitled to withdraw the entire deposited amount with accrued interest, subject to furnishing the usual undertaking.

Summary

The High Court of Bombay (Aurangabad Bench) considered a batch of civil applications filed by various claimants seeking withdrawal of amounts deposited by the Acquiring Body under a prior order directing 50% of compensation to be paid within 12 weeks. The Acquiring Body had deposited only 13% of the directed amount, prompting the claimants to apply for withdrawal of the deposited sum along with accrued interest. The Court examined whether the claimants were entitled to withdraw the amount despite the partial compliance and whether any additional conditions were required. It held that the claimants may withdraw the entire deposited amount with interest, provided they furnish the usual undertaking satisfactory to the Registrar (Judicial). Consequently, all the civil applications were disposed of, with a few listed for further consideration after three weeks.

Issues considered

Whether the claimants are entitled to withdraw the amount deposited by the Acquiring Body under the earlier order
Whether an undertaking is required for withdrawal of the deposited amount

Subjects

civil application
withdrawal of amount
compensation award
acquiring body
interest
undertaking
high court
procedural compliance

Judgment

2026:BHC-AUG:42379
                                                         955 CA 10661 OF 2026.odt

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                       955 CIVIL APPLICATION NO. 10655 OF 2026
                                    IN FA/2329/2026
                                         WITH
                         CIVIL APPLICATION NO. 10649 OF 2026
                                    IN FA/2320/2026
                                         WITH
                         CIVIL APPLICATION NO. 10643 OF 2026
                                    IN FA/2316/2026
                                         WITH
                         CIVIL APPLICATION NO. 10646 OF 2026
                                    IN FA/2318/2026
                                         WITH
                         CIVIL APPLICATION NO. 4364 OF 2024
                                    IN FA/2319/2026
                                         WITH
                         CIVIL APPLICATION NO. 4370 OF 2024
                                    IN FA/2321/2026
                                         WITH
                         CIVIL APPLICATION NO. 4345 OF 2024
                                    IN FA/2329/2026
                                         WITH
                         CIVIL APPLICATION NO. 4368 OF 2024
                                    IN FA/2326/2026
                                         WITH
                         CIVIL APPLICATION NO. 4366 OF 2024
                                    IN FA/2320/2026
                                         WITH
                         CIVIL APPLICATION NO. 4329 OF 2024
                                    IN FA/2323/2026
                                         WITH
                         CIVIL APPLICATION NO. 4339 OF 2024
                                    IN FA/2330/2026
                                         WITH
                         CIVIL APPLICATION NO. 10650 OF 2026
                                    IN FA/2321/2026
                                         WITH
                         CIVIL APPLICATION NO. 10651 OF 2026
                                    IN FA/2322/2026
                                         WITH
                         CIVIL APPLICATION NO. 10652 OF 2026
                                    IN FA/2323/2026
                                         WITH
                         CIVIL APPLICATION NO. 10653 OF 2026

                                                                             1/3
                                                    955 CA 10661 OF 2026.odt

                         IN FA/2326/2026
                               WITH
              CIVIL APPLICATION NO. 5138 OF 2026
                         IN FA/2318/2026
                               WITH
              CIVIL APPLICATION NO. 10644 OF 2026
                         IN FA/2317/2026
                               WITH
              CIVIL APPLICATION NO. 10647 OF 2026
                         IN FA/2319/2026
                               WITH
              CIVIL APPLICATION NO. 10657 OF 2026
                         IN FA/2333/2026
                               WITH
              CIVIL APPLICATION NO. 4347 OF 2024
                         IN FA/2316/2026
                               WITH
              CIVIL APPLICATION NO. 4356 OF 2024
                         IN FA/2333/2026
                               WITH
              CIVIL APPLICATION NO. 4360 OF 2024
                         IN FA/2317/2026
                               WITH
              CIVIL APPLICATION NO. 4362 OF 2024
                          IN FA/2322/2026
                               WITH
              CIVIL APPLICATION NO. 10654 OF 2026
                         IN FA/2328/2026
                               WITH
              CIVIL APPLICATION NO. 10656 OF 2026
                         IN FA/2330/2026

                   RAJENDRA UDDHAV NEWASE
                               VERSUS
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG SHRIGONDA
                                  ...
 Advocate for Applicant : Adv. Priyanka Y. Sarnaik h/f Mr. Mahesh S.
                             Deshmukh
      Advocate for Respondent No. 1 : Mr. Avishkar S. Shelke
           AGP for Respondent No. 2 : Mrs. P.V. Diggikar
                                  ...
                 CORAM                : SMT. MANJUSHA AJAY
                                        DESHPANDE, J.
                 DATE                : 11.09.2026



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                                                           955 CA 10661 OF 2026.odt

PER COURT :

        CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT :

1.      All these applications are for withdrawal of amount by the
applicants/claimants. By way of common order dated 02.05.2024 passed by
this Court directing the Acquiring Body to deposit 50% of the amount of
compensation under award within 12 weeks from the date of order. It is
submitted that the Acquiring Body has deposited only 13% of the amount
from 50%, as directed by this Court. Since 13% amount is deposited, the
claimants have filed the respective applications for withdrawal of amount.

2.      In view of the amount deposited by the Acquiring Body, the
claimants/applicants are allowed to withdraw entire deposited amount with
accrued interest by the Acquiring Body subject to furnishing usual
undertaking to the satisfaction of the Registrar (Judicial) of this Court.

3.      Civil Applications stand disposed of.

4.      Civil Application Nos. 10646 OF 2026, 5138 OF 2026 and 4364 OF
2024 are concerned, these shall be listed for consideration after period of
three weeks.



                                ( SMT. MANJUSHA AJAY DESHPANDE, J.)




mkd/-




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