Bombay High Court
BABAN DHONDIBA SHINDE.versusTHE DIV. MANAGER, M.S.R.T.C. LTD., AHMEDNAGAR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The applicant is entitled to withdraw the entire deposited amount along with accrued interest.
Summary
Baban Dhondiba Shinde filed a civil application before the Bombay High Court, Aurangabad Bench, seeking to withdraw the enhanced compensation that the respondent, the Division Manager of M.S.R.T.C. Ltd., had deposited following a prior judgment dated 26 June 2024. The applicant argued that, having fulfilled the earlier order by depositing the amount, there was no impediment to retrieving the funds. The respondent opposed the withdrawal, contending that the deposited compensation was intended to satisfy the judgment debt. The Court examined whether the applicant retained a right to reclaim the deposited sum along with accrued interest. Finding no legal bar to the withdrawal, the Court allowed the application in accordance with prayer clause “B”. Consequently, the applicant was permitted to withdraw the entire deposited amount together with interest.
Issues considered
- Whether the applicant is entitled to withdraw the enhanced compensation deposited by the respondent after compliance with the earlier judgment.
Subjects
- civil application
- withdrawal of deposited amount
- enhanced compensation
- high court
- procedural law
Judgment
2026:BHC-AUG:44074
1 19-CA-11215-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 11215 OF 2026
IN FA/583/2020
BABAN DHONDIBA SHINDE
VERSUS
THE DIV. MANAGER, M.S.R.T.C. LTD., AHMEDNAGAR.
...
Advocate for Applicant : Mr. U. A. Sayyed h/f. Mr. K. N. Shermale
Advocate for Respondent : Mr. B. S. Deshmukh
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 28-09-2026
PER COURT:-
1. Learned counsel for the applicant submits that pursuant to
the judgment and order in First Appeal No.583 of 2020, dated
26.06.2024, the respondent has deposited the enhanced
compensation. The applicant now seeks withdrawal of the same.
2. Accordingly, the civil aplication is allowed in terms of prayer
clause “B”. The applicant is permitted to withdraw the entire
deposited amount along with accrued interest.
[SACHIN S. DESHMUKH]
JUDGE
rrd
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