Bombay High Court

GULAB ABDUL SAYYADversusTHE EXECUTIVE ENGINEER

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The court held that the applicant may withdraw 50% of the deposited amount on furnishing an undertaking and a further 25% on furnishing a solvent surety, with the remaining balance to be invested in a nationalized bank.

Summary

The applicant, Gulab Abdul Sayyad, sought withdrawal of Rs.7,95,079 deposited by the respondent/acquiring body, claiming entitlement to the amount with accrued interest. The respondent contested, arguing the enhancement exceeded nine times the original amount. The court, referring to similar cases where 75% of deposits were allowed, ordered that the applicant could receive 50% of the deposited amount upon furnishing an undertaking and an additional 25% upon providing a solvent surety, with the balance to be invested in a nationalized bank. The interim stay previously granted was confirmed to remain in effect. The civil application for withdrawal was allowed partially, and the appeal was admitted.

Issues considered

Whether the applicant is entitled to withdraw the amount deposited by the respondent/acquiring body
Whether the interim stay order should continue pending appeal

Subjects

civil procedure
withdrawal of deposit
interim relief
surety
partial relief
court order

Judgment

                               1            96-CA.11796-25 & ors.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

          96 CIVIL APPLICATION NO. 11796 OF 2025
                      IN FA/2266/2024
                    GULAB ABDUL SAYYAD
                          VERSUS
                  THE EXECUTIVE ENGINEER

                           WITH
           CIVIL APPLICATION NO. 10930 OF 2023
                      IN FA/2266/2024
                             ...
  Advocate for Applicant : Mr. Shahaji Nadare Patil h/f Mr.
                Naiknavare Ramesh Vitthal.
       AGP for Respondent/s-State : Mr. N. D. Raje.
Advocate for Respondent No.1 : Ms. Vaishali S. Swami h/f Mr.
                       M. C. Swami.
                             ...

                             CORAM : SHAILESH P. BRAHME, J.
                             DATE : 18.03.2026

PER COURT :-


1.    Heard the respective sides.


2.    Applicant seeks to withdraw amount of Rs.7,95,079/-

deposited by the respondent/acquiring body for the reasons

stated in the application.


3.    The deposits are towards entire amount with accrued

interest. Application is contested by the respondent/acquiring

body as enhancement is more than nine (9) times.
                             2               96-CA.11796-25 & ors.odt


4.      In similarly situated matters when 75% amount was

deposited this Court permitted the claimants to receive the

amount. Ends of the justice would be met in permitting the

applicants to receive 50% of the amount deposited with

accrued interest on furnishing undertaking and 25% of the

amount deposited with accrued interest on furnishing solvent

surety/security to the satisfaction of the Registrar (Judicial) of

this Court.


5.      Civil application for withdrawal is allowed partly by

permitting the applicant to receive 50% of the amount

deposited with accrued interest on furnishing undertaking and

25% of the amount deposited with accrued interest on

furnishing solvent surety/security to the satisfaction of the

Registrar (Judicial) of this Court.


6.      Balance amount shall be invested in any Nationalized

Bank.


First Appeal


7.      Admit.


8.      Learned counsel Mr. Nadare Patil holding for Mr.

Naiknavare waives service of notice for respondent/claimant.
                              3                96-CA.11796-25 & ors.odt


Learned AGP waives service of notice for respondents/State

Authorities.


9.      Call for Record and Proceedings from the concerned

Court.


10.     Print is dispensed with.


Civil Application for Stay


11.     As the amount has been deposited in pursuance of the

earlier order, ad-interim relief granted earlier shall stand

confirm.


12.     Civil application is disposed of.




                                         (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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