Bombay High Court

SUKHSHALA SUNDERRAO SHELKEversusTHE UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAY CHHATRAPATI SHIVAJI TERMINUS ADMINIST

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The petitioners are entitled to receive the entire deposited amount with accrued interest upon furnishing an undertaking satisfactory to the Registrar.

Summary

The petitioners, comprising several individuals and heirs, filed civil applications seeking permission to withdraw amounts that had been deposited by the Union of India, represented by the General Manager of Central Railway, as part of an acquiring body. The respondents opposed the withdrawal, contending that the deposits could not be released without further justification. The central issue was whether the petitioners were entitled to the deposited sums, together with accrued interest, upon furnishing an undertaking satisfactory to the Registrar. The Court examined prior similar orders where claimants were allowed to receive deposits upon providing an undertaking. Relying on this precedent, the Court held that the petitioners could indeed receive the entire deposited amount with interest, provided they executed a satisfactory undertaking. Consequently, the applications were allowed in part, directing the Registrar to accept the undertaking and release the funds with interest.

Issues considered

Whether the petitioners are entitled to withdraw the amount deposited by the Union of India as acquiring body
Whether furnishing an undertaking to the Registrar suffices for the release of the deposited amount with interest

Subjects

withdrawal of deposit
undertaking
accrued interest
civil application
Union of India
Central Railway
court order

Judgment

          1                        931 to 933 & 938 ca 11674.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           BENCH AT AURANGABAD

   931 CIVIL APPLICATION NO. 11674 OF 2025
                     IN
        FIRST APPEAL NO. 2930 OF 2025

  Rukhminibai Radhakisan Shelke
  Since deceased through his L.Rs.
  Purushottam Radhakisan Shelke          .. Applicant
        Versus
  Union of India through the General
  Manager, Central Railway, Mumbai
  and others                             ..   Respondents

                    AND
   932 CIVIL APPLICATION NO. 11828 OF 2025
                     IN
    FIRST APPEAL STAMP NO. 32034 OF 2024

  Rukmin Karbhari Savant                 .. Applicant
        Versus
  Union of India through the General
  Manager, Central Railway, Mumbai
  and others                             ..   Respondents

                    AND
   933 CIVIL APPLICATION NO. 11832 OF 2025
                     IN
    FIRST APPEAL STAMP NO. 14521 OF 2024

  Sudhakar Abhimanyu Mundhe
  Since deceased through his L.Rs.
  Mangal Sudhakar Mundhe and others      .. Applicants
        Versus
  Union of India through the General
  Manager, Central Railway, Mumbai
  and others                             ..   Respondents

                        AND
               2                        931 to 933 & 938 ca 11674.25

         938 CIVIL APPLICATION NO. 109 OF 2026
                          IN
         FIRST APPEAL STAMP NO. 32030 OF 2024

      Sukhshala Sunderrao Shelke              .. Applicant

            Versus

      Union of India through the General
      Manager, Central Railway, Mumbai
      and others                              ..   Respondents

Shri Shashikant E. Shekade, Advocate for the Applicant in all
matters.
Ms. Mayuri G. Kasturkar, Advocate Shri Ajay G. Talhar,
Advocate for the Respondents/Union.
Shri S. N. Morampalle and Shri S. V. Hange, A.G.P. for the
Respondent/State in respective matters.

                   CORAM : SHAILESH P. BRAHME, J.
                    DATE : 08TH JANUARY, 2026.

FINAL ORDER :


.     Applicants pray for permission to withdraw amount
deposited by the respondent - acquiring body. It is submitted by
learned counsel for the applicants that in the similarly situated
matters this Court has already permitted the claimants to
receive the amount on furnishing undertaking. Applicants are
also entitled to receive the amount.


2.    For the reasons stated in the applications, the civil
applications are allowed partly. The applicants are permitted to
receive entire amount deposited with accrued interest on
furnishing undertaking to the satisfaction of the Registrar
                3                          931 to 933 & 938 ca 11674.25

(Judicial) of this Court. The civil applications are disposed of.



                               [ SHAILESH P. BRAHME J. ]


bsb/Jan. 26

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