Bombay High Court

DINESH NATTHU ATTARDE DIED THROUGH LRS 1 AASHISH DINESH ATTARDEversus1 THE EXECUTIVE ENGINEER WAGHUR DAM DIVISION JALGAON THROUGH CHANDRASHEKAR KISAN PATIL

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the applicants may withdraw 75% of the deposited amount subject to an undertaking, a surety, and the remaining 25% to be kept in a fixed deposit.

Summary

The applicants, represented by the legal heir of the deceased Dinesh Natthu Attarde, filed a civil application seeking the withdrawal of an amount that had been deposited by the acquiring body following a court order dated 06.01.2025 directing deposit under an award passed by the Reference Court. The court examined whether the applicants were entitled to retrieve the deposited funds while the impugned judgment and award remained pending. It was held that the applicants could be allowed to withdraw a portion of the amount, but subject to safeguards to protect the interests of the respondents. Accordingly, the court permitted withdrawal of 75% of the deposited sum along with accrued interest, conditioning 50% on an undertaking to redeposit if the award is reversed and the remaining 25% on furnishing a solvent surety before the Registrar (Judicial). The balance 25% of the amount was ordered to be kept in a fixed deposit with a nationalized bank. The civil application was therefore partly allowed and disposed of.

Issues considered

What extent, if any, are the applicants entitled to withdraw the amount deposited pursuant to the earlier court order pending the final decision on the impugned judgment and award?

Subjects

civil application
withdrawal of deposited amount
reference court award
surety
fixed deposit
partial relief

Judgment

2026:BHC-AUG:44097
                                                 1                  966-CA.11118-26.odt


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                            966 CIVIL APPLICATION NO. 11118 OF 2026
                                        IN FAST/300/2025
                     DINESH NATTHU ATTARDE DIED THROUGH LRS 1 AASHISH
                                        DINESH ATTARDE
                                             VERSUS
                       1 THE EXECUTIVE ENGINEER WAGHUR DAM DIVISION
                        JALGAON THROUGH CHANDRASHEKAR KISAN PATIL
                                                    ...
                            Advocate for Applicant/s : Mr. Ajeet Babanrao Kale.
                          AGP for Respondent/s-State : Ms. Vaishali S. Chaudhary.
                           Advocate for Respective Respondents : Mr. V. V. Tarde.
                                                    ...

                                           CORAM : MANJUSHA A. DESHPANDE, J.
                                           DATE : 24.09.2026

                     PER COURT :-


                     1.     In this civil application, the applicants are seeking

                     withdrawal of amount that has been deposited by the acquiring

                     body pursuant to the orders passed by this Court on

                     06.01.2025 directing to deposit the entire amount under the

                     award passed by the Reference Court.


                     2.     Learned advocate for the applicants seeks withdrawal of

                     the amount.


                     3.     Civil application is partly allowed. The applicants are

                     permitted to withdraw 75% of the amount deposited by the

                     acquiring body along with accrued interest. Out of which, 50%
                             2                   966-CA.11118-26.odt


amount shall be released on furnishing usual undertaking that

they would deposit the amount if the impugned judgment and

award is reversed and the balance 25% amount shall be

released on furnishing solvent surety/security before the

Registrar (Judicial) of this Court. Balance 25% amount shall

be invested in the fixed deposit in the nationalized bank.


4.      Civil application stands disposed of accordingly.




                                 (MANJUSHA A. DESHPANDE, J.)

                                  ...

vmk/-

Continue reading with your account

Checking your session…