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Bombay High Court

PRAVIN RAMDAS ATTARDE DIED THROUGH LRS i PUSHPA PRAVIN ATTARDEversus1 THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS MAHAMANDAL JALGON

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the claimants to withdraw 90% of the amount deposited by the acquiring body, subject to a four‑week undertaking, with the remaining 10% to be invested in a nationalized bank.

Summary

The claimants filed civil applications seeking withdrawal of the amount deposited by the acquiring body as a condition for a stay order dated 12.09.2024. The acquiring body had deposited 80% of the stipulated amount on 09.04.2026. The court examined the applicants' request to withdraw the entire sum versus the acquiring body's objection that the enhancement was excessive. Relying on prior similar orders where 75% of the deposited amount was allowed, the court modified the relief and permitted withdrawal of 90% of the deposited amount, subject to an undertaking to be filed within four weeks. The balance 10% must be invested in a nationalized bank as per applicable rules, and the applications were disposed accordingly.

Issues considered

  • What extent of the deposited amount may be withdrawn by the claimants under the stay order?
  • Whether the claimants must furnish an undertaking before withdrawal can be effected?
  • Whether the balance amount must be invested in a nationalized bank as per rules?

Subjects

  • withdrawal of deposit
  • stay order
  • undertaking
  • civil application
  • acquiring body
  • nationalized bank investment

Judgment

2026:BHC-AUG:44091                           1               965-CA.11106-26 (965-968).odt



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                             965 CIVIL APPLICATION NO. 11106 OF 2026
                                        IN FAST/15415/2024
                      PRAVIN RAMDAS ATTARDE DIED THROUGH LRS I PUSHPA
                                         PRAVIN ATTARDE
                                              VERSUS
                       1 THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS
                                      MAHAMANDAL JALGON
                            WITH CIVIL APPLICATION NO. 11107 OF 2026
                                       IN FAST/15412/2024

                                                  AND

                            967 CIVIL APPLICATION NO. 11119 OF 2026
                                       IN FAST/15268/2024
                                    RAMESH WAMAN KINKAR
                                             VERSUS
                      1 THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS
                                     MAHAMANDAL JALGAON
                         WITH CIVIL APPLICATION NO. 11121 OF 2026 IN
                     FAST/15271/2024 WITH CIVIL APPLICATION NO. 11120 OF
                                  2026 IN FAST/15274/2024

                                                  AND

                            968 CIVIL APPLICATION NO. 11123 OF 2026
                                       IN FAST/12206/2024
                                 MADHAV RAMESH CHAUDHARI
                                             VERSUS
                      1 THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS
                                         MAHAMANDAL

                                                    ...
                          Advocate for Applicants : Mr. Ajeet Babanrao Kale.
                      AGPs for Respondent/s-State : Mr. K. S. Patil, Ms. Vaishali S.
                                Chaudhary, Ms. D. S. Jape, respectively.
                     Advocates for Respective Respondents : Mr. R. A. Tambe, Mr. V.
                                         V. Tarde, respectively.
                                                    ...

                                          CORAM : MANJUSHA A. DESHPANDE, J.
                                          DATE : 24.09.2026
                         2                965-CA.11106-26 (965-968).odt



PER COURT :-


1.    The civil applications have been filed by the claimants

for withdrawal of amount deposited by the acquiring body in

this Court, pursuant to the order passed on 12.09.2024 which

is condition for granting stay. The acquiring body has deposited

80% of the amount as directed by this Court on 09.04.2026.

Therefore, the claimants had filed the applications for

withdrawal of amount. In the matters at serial No.965 - In

view of the order passed by this Court, deposit the amount

which is made a condition for grant of stay, the amount is

deposited by the acquiring body.


2.    In view of the submissions made by the learned advocate

for the applicants, the claimants are permitted to withdraw

75% of the amount deposited by the acquiring body subject to

the undertaking given by the claimants to the satisfaction of

the Registrar (Judicial) of this Court. Said undertaking shall be

furnished within a period of four (4) weeks from today.


3.    Learned advocates appearing for acquiring body opposes

the withdrawal of the entire amount as claimed by the

applicants. According to them, the enhancement is granted

about 19 times of the rate granted by the SLAO. Therefore,
                         3               965-CA.11106-26 (965-968).odt



considering the merits of the appeals, the withdrawal of entire

amount should not be permitted.


4.      On the other hand, the learned advocate for the

applicants submits that in identical matters, this Court had

allowed the claimants to withdraw 75% of the total amount

deposited by the acquiring body. In the present case, this Court

had directed the acquiring body to deposit 80% of the amount

under award.


5.      Therefore, in view thereof, it would be appropriate to

allow the applicants to withdraw 90% of the amount that is

deposited by the acquiring body before this Court subject to

furnishing an undertaking to the satisfaction of the Registrar

(Judicial) of this court within a period of four (4) weeks from

today. Rest of the amount shall be invested in the nationalized

bank as per rules.


6.      Civil applications for withdrawal are disposed of

accordingly.



                             (MANJUSHA A. DESHPANDE, J.)

                               ...

vmk/-


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