Bombay High Court

Manohar Bhujang GawaliversusTHE EXECUTIVE ENGINEER

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court permitted withdrawal of 50% of the deposited amount upon undertaking and the remaining 25% upon surety, and confirmed the stay of the impugned judgment.

Summary

The claimants filed a civil application seeking withdrawal of a portion of an amount that had been deposited by the acquiring body pursuant to a court order dated 26‑09‑2024. The earlier order required the depositing body to place 75% of the award amount, with interest, in the court registry and stay the impugned judgment. The court allowed the claimants to withdraw 50% of the deposited 75% upon furnishing a standard undertaking, and the remaining 25% upon furnishing a solvent surety to the registrar. The application for stay was also disposed of, with the court confirming the stay previously granted. Consequently, the related appeal was admitted and listed for hearing on 23‑10‑2026.

Issues considered

Whether the claimants are entitled to withdraw a portion of the amount deposited by the acquiring body under the court's earlier order.
Whether the stay of the impugned judgment should be confirmed.

Subjects

civil procedure
stay of execution
withdrawal of deposited amount
surety
court order

Judgment

2026:BHC-AUG:42271


                                                  1                        957.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 10669 OF 2026
                                        IN FA/322/2025
                                            WITH
                             CIVIL APPLICATION NO. 10282 OF 2024
                                        IN FA/322/2025
                                  MANOHAR BHUJANG GAWALI
                                               VERSUS
                           THE EXECUTIVE ENGINEER AND OTHERS
                                                  ...
                        Advocate for Applicant : Mr. Naiknavare Ramesh Vitthal
                         AGP for Respondent/s – State : Mr. K.S. Hoke Patil
                        Advocate for Respondent No. 1 : Mr. Avishkar S. Shelke
                                                  …

                                        CORAM : MANJUSHA DESHPANDE, J.
                                        DATE : 11th SEPTEMBER, 2026


              PER COURT :

              Civil Application for withdrawal of amount :

              1.            The Application is filed by the Claimant for withdrawal of

              amount.

              2.            The amount is deposited by the acquiring body as per the

              order passed by this Court on 26.09.2024. This Court while issuing notice

              and granting stay to the impugned judgment had directed to deposit 75 %

              of the amount of the award with interest within a period of 12 weeks.

              3.            In view of the Application made by the Claimants, the

              Applicants / Claimants are allowed to withdraw 50% amount from the
                                       2                       957.odt


75% of the amount which is deposited in this Court, upon furnishing

usual undertaking and 25% amount upon furnishing solvent surety to the

Registrar (Judicial), of this Court.

4.             The Civil Application for withdrawal of amount, stands

disposed of.



Civil Application for stay :

5.             Pursuant to the order passed by this Court on 26.09.2024,

which was a condition for grant of stay by this Court, the acquiring body

has deposited the amount. Hence, the Civil Application is disposed of by

confirming the stay granted by this Court.

6.             In view of the disposal of the stay Application by confirming

the stay, the Appeal is admitted.

7.             Call record and proceedings.

8.             List the Appeal on 23.10.2026.




                                       ( MANJUSHA DESHPANDE, J. )




SPC

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