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Bombay High Court

THE ADMINISTRATOR CIDCOversusRADHABAI PRABHULAL JAISWAL

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that 70% of the deposited amount may be released on an undertaking with interest, and the remaining 30% on a satisfactory surety, and that the delay in filing the first appeal is condoned.

Summary

The Administrator CIDCO (Acquiring Body) deposited Rs.1,18,70,800/- as directed by the Bombay High Court and sought to withdraw the amount. The Court noted that the Respondent, Radhabai Prabhulal Jaiswal, had only deposited 70% of the amount as per earlier orders, and the Court’s established practice is to release 70% of the deposited sum upon an undertaking, with the remaining 30% released upon furnishing a solvent surety. Accordingly, the Court partially allowed the withdrawal application, permitting 70% of the amount with interest on an undertaking and the balance on a satisfactory surety. The Acquiring Body also applied for condonation of a 154‑day delay in filing a first appeal, which was unopposed and granted. The Court confirmed the interim stay previously granted and disposed of the civil applications.

Issues considered

  • The appropriate quantum of deposited amount that can be released to the applicant upon furnishing an undertaking.
  • Whether the balance amount can be released upon furnishing a solvent surety/security.
  • Whether the delay of 154 days in preferring the first appeal can be condoned.

Subjects

  • withdrawal of deposited amount
  • partial release
  • surety
  • delay condonation
  • civil application
  • stay
  • Bombay High Court

Judgment

2026:BHC-AUG:9190
                                                                      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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