Bombay High Court

RAMESH WAMAN KINKARversus1 THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS MAHAMANDAL JALGAON

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allows withdrawal of 90% of the amount deposited by the acquiring body, subject to an undertaking, with the remainder to be invested in a nationalized bank.

Summary

The claimants filed civil applications seeking withdrawal of the amount deposited by the acquiring body, which had been deposited 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 considered the applicants' request to withdraw the entire amount and the acquiring body's opposition, noting that similar cases allowed a 75% withdrawal. Balancing the submissions, the court permitted the claimants to withdraw 90% of the deposited sum, subject to furnishing an undertaking to the Registrar within four weeks, with the balance to be invested in a nationalized bank. The applications for withdrawal were consequently disposed.

Issues considered

What extent of the deposited amount may be withdrawn by the claimants?
Whether an undertaking is required for the withdrawal of the deposited amount?
Whether the entire deposited amount can be withdrawn in light of the stay order and prior case law?

Subjects

withdrawal of deposit
stay order
undertaking
civil application
acquiring body
nationalized bank
partial relief

Judgment

2026:BHC-AUG:44093 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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