Bombay High Court
MAHESH BHAGWAT PATILversus1 THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS MAHAMANDAL JALGAON
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court permitted withdrawal of 90% of the deposited amount, subject to an undertaking to the Registrar, with the remaining 10% to be invested in a nationalized bank.
Summary
The claimants filed several civil applications seeking withdrawal of the amount deposited by the acquiring body, the Executive Director Tapi Patbandhare Vikas Mahamandal, as a condition for a stay granted by this Court on 12 September 2024. The acquiring body had deposited 80% of the stipulated amount on 9 April 2026. The claimants requested to withdraw the entire deposited sum, while the acquiring body opposed full withdrawal, arguing that the enhancement was excessive. The Court noted that in similar cases it had permitted withdrawal of 75% of the deposited amount and considered the present deposit of 80%. Balancing the submissions, the Court allowed the claimants to withdraw 90% of the deposited amount, subject to furnishing an undertaking to the Registrar (Judicial) within four weeks, with the balance to be invested in a nationalized bank. The civil applications for withdrawal were therefore disposed in favour of the claimants, subject to the stipulated conditions.
Issues considered
- What portion of the amount deposited by the acquiring body may be withdrawn by the claimants under the stay order?
- Whether the claimants must provide an undertaking to the Registrar before withdrawal can be effected?
Subjects
- withdrawal of deposit
- stay order
- undertaking
- civil application
- acquiring body
- investment in nationalized bank
Judgment
2026:BHC-AUG:44094 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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