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Bombay High Court

THE ADMINISTRATOR CIDCOversusRADHABAI PRABHULAL JAISWAL

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court partially allowed the withdrawal, permitting 70% of the deposited amount with interest upon an undertaking and the balance upon surety, condoned the delay, and confirmed the stay.

Summary

The Administrator CIDCO (Acquiring Body) had deposited Rs.1,18,70,800 as directed by the Court, but only 70% of that amount was to be released to the claimants upon furnishing an undertaking, with the balance contingent on a solvent surety. The Acquiring Body filed a civil application seeking withdrawal of the deposited amount, a separate application for condonation of a 154‑day delay in filing a first appeal, and an application for stay of the interim order. The Court noted its precedent of allowing claimants to receive 70% of the deposited sum with interest upon an undertaking and the remaining 30% upon satisfactory security, and accordingly partially allowed the withdrawal application. It also found no objection to the delay condonation and therefore granted it, and confirmed the earlier ad‑interim stay. The applications were thus disposed, with the withdrawal partially allowed, the delay condoned, and the stay upheld.

Issues considered

  • Whether the Acquiring Body may withdraw the deposited amount and on what terms
  • Whether the 154‑day delay in preferring the first appeal can be condoned
  • Whether the ad‑interim stay previously granted should continue

Subjects

  • withdrawal of deposited amount
  • condonation of delay
  • stay of execution
  • surety
  • interest
  • civil application
  • High Court of Bombay

Judgment

2026:BHC-AUG:9188
                                                                      8-CA-12026-2025+.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           CIVIL APPLICATION NO. 12026 OF 2025
                                    IN FAST/31494/2025

                                   The Administrator Cidco
                                          VERSUS
                                  Radhabai Prabhulal Jaiswal

                         WITH CIVIL APPLICATION NO. 2386 OF 2026
                                    IN FAST/31494/2025

                                Radhabai Prabhulal Jaiswal
                                          VERSUS
                         The Administrator Cidco Chh Sambhajinagar

                        WITH CIVIL APPLICATION NO. 12027 OF 2025
                                   IN FAST/31494/2025

                                   The Administrator Cidco
                                          VERSUS
                                  Radhabai Prabhulal Jaiswal

          Mr. S. V. Deshmukh, Advocate for Acquiring Body
          Mr. D. M. Pingale, Advocate for Claimants
          Mr. N. D. Raje, AGP for Respondents/State
                                              ***

                                             CORAM      : SHAILESH P. BRAHME, J
                                             DATE       : MARCH 04, 2026

          PC :

                           CIVIL APPLICATION FOR WITHDRAWAL

          1.          The Acquiring Body has deposited amount of Rs.1,18,70,800/-,

          which is sought to be withdrawn by the Applicant. It is pointed out that the

          Respondent had deposited only 70% of the amount in pursuance of the

          orders passed by this Court. The trend of this Court is in permitting the


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                                                                 8-CA-12026-2025+.odt




claimants to receive 70% of the amount out of deposited amount on

furnishing undertaking and balance amount on furnishing solvent

surety/security. Hence, I propose to follow the same course. Therefore, I

pass following order:

                                     ORDER


     (i)    Civil application for withdrawal of amount is partly
            allowed.

     (ii)   The applicant shall be permitted to receive 70% of the
            deposited amount with accrued interest in furnishing
            undertaking and balance 30% amount on furnishing solvent
            surety/security to the satisfaction of the Registrar (Judicial)


               CIVIL APPLICATION FOR DELAY CONDONATION


2.            The Acquiring Body seeks to condone delay of 154 days in

preferring First Appeal.


3.            Application has not been objected by the Respondents.


4.            For the reasons stated in the application, delay stands condone.

Civil Application for delay is allowed.


                                  FIRST APPEAL


5.            Admit.


6.            Learned AGP waives service of notice for Respondent/State.

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                                                                8-CA-12026-2025+.odt




Learned    Counsel       Mr.   Pingale     waives    service   of   notice       for

respondents/claimants.


7.             Call for record and proceedings from the concerned Court.


8.             Print is dispensed with.


                         CIVIL APPLICATION FOR STAY


9.             As the amount is deposited in pursuance to the orders of this

Court, ad-interim relief granted earlier stands confirmed. Civil Application is

disposed of.



                                                    (SHAILESH P. BRAHME, J.)
Umesh




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