Created by Fuzzy Cloud

Bombay High Court

CHAGAN SHANKAR NILversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, AURANGABAD AND OTHERS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The condition of furnishing a bank guarantee may be modified to permit withdrawal of the balance upon furnishing a solvent surety/security satisfactory to the Registrar (Judicial).

Summary

The petitioners sought modification of a 26‑Nov‑2014 order that allowed them to withdraw a sum subject to a bank guarantee of 25% of the amount. They argued that furnishing such a guarantee was onerous and impeded withdrawal of the balance. The respondent, the State of Maharashtra, opposed dilution of the condition, emphasizing protection of its interest and preferring final disposal of the matter. The Court noted that the petitioners could receive 25% upon an undertaking and 50% upon furnishing a solvent surety, and found no reason to reject their difficulty. Accordingly, the Court modified the condition, permitting the balance to be released upon a satisfactory solvent surety/security, and ordered the appeals to be listed for final hearing.

Issues considered

  • Whether the condition of furnishing a bank guarantee of 25% of the amount is valid and enforceable in the context of the withdrawal order.
  • Whether the condition can be modified to allow withdrawal upon furnishing a solvent surety/security instead of a bank guarantee.

Subjects

  • modification of order
  • bank guarantee
  • solvent surety
  • civil application
  • high court
  • procedural law
  • withdrawal of funds

Judgment

                           1              49-CA.11156-25 & ors.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

          49 CIVIL APPLICATION NO. 11156 OF 2025
                      IN FA/2092/2024
                    KARBHARI BAPU NIL
                        VERSUS
     THE STATE OF MAHARASHTRA THROUGH COLLECTOR,
                AURANGABAD AND OTHERS

      WITH CIVIL APPLICATION NO. 13368 OF 2015 IN
FA/2657/2015 WITH FIRST APPEAL NO. 2657 OF 2015 WITH
 FIRST APPEAL NO. 2656 OF 2015 WITH FIRST APPEAL NO.
2091 OF 2024 WITH FIRST APPEAL NO. 2658 OF 2015 WITH
  CIVIL APPLICATION NO. 13367 OF 2015 IN FA/2658/2015
      WITH CIVIL APPLICATION NO. 11157 OF 2025 IN
FA/2093/2024 WITH CIVIL APPLICATION NO. 11154 OF 2025
                    IN FA/2090/2024
                              ...
  Advocate for Applicants in all : Mr. Kasar Rajendra Sudam.
       AGP for Respondent/s-State : Mr. S. V. Hange.
 Advocate for Respondent No.3 : Mr. D. B. Pawar (Through V.
                             C.).
                              ...

                         CORAM : SHAILESH P. BRAHME, J.
                         DATE : 23.01.2026

PER COURT :-


1.     Applicants seek modification to the order dated

26.11.2014.


2.     They are permitted to withdraw amount on certain

conditions.   The condition No.(iii) pertains to furnishing of

bank guarantee which is to the extent of 25% of the amount. It

is contended that applicants are unable to furnish the bank
                             2                 49-CA.11156-25 & ors.odt


guarantee and the condition is very onerous. They are unable

to withdraw that part of the amount.


3.      Learned counsel for the respondent/acquiring body

would submit that the matter be listed for final disposal

instead of deciding the applications. He would further submit

that interest of the acquiring body needs to be protected and

the condition imposed may not be diluted.


4.      Applicants are permitted to receive 25% of the amount

on furnishing undertaking and 50% of the amount on

furnishing solvent surety/security.          Maximum amount is

disbursed on stringent condition. There is no reason to doubt

the difficulty of the applicants. Ends of the justice would be

served in modifying the condition of bank guarantee.


5.      The applicants shall be permitted to receive balance

amount on furnishing solvent surety/security to the satisfaction

of the Registrar (Judicial) of this Court.


6.      Civil applications for modification are allowed.


7.      List the appeals for final hearing on 24.02.2026.



                                       (SHAILESH P. BRAHME, J.)
                                 ...
vmk/-


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.