Bombay High Court

Uttam Bhaulal KuklareversusThe Executive Engineer Minor Irrigation Division No 1

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: NEERAJ P DHOTE

Holding

The Court held that the applicant is entitled to withdraw the entire amount deposited under the award with interest, subject to furnishing the usual undertaking.

Summary

The applicant, Uttam Bhaulal Kuklare, filed an application seeking withdrawal of the entire amount deposited by the acquiring body under an award, together with accrued interest. The Court noted a prior order dated 17.10.2024 in Civil Application No. 5331 of 2024, which allowed similarly placed claimants to withdraw such amounts upon furnishing a usual undertaking. Relying on the principle of parity with that earlier order, the Court found no reason to deny the applicant's request. Consequently, the application was allowed subject to the applicant providing the usual undertaking. The matter was thereafter disposed.

Issues considered

Whether the applicant is entitled to withdraw the amount deposited under the award with interest on the basis of parity with earlier order
Whether furnishing a usual undertaking suffices as a condition for withdrawal

Subjects

withdrawal of award
parity
interest
civil procedure
high court

Judgment

2026:BHC-AUG:34504
                                                                        919ca1287-26

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                             919 CIVIL APPLICATION NO. 1287 OF 2026
                                         IN FA/3753/2023
                                     Uttam Bhaulal Kuklare
                                            VERSUS
                     The Executive Engineer Minor Irrigation Division No 1
                                                ...
            Mr. Pahune Nandkishor Jayaram, Advocate for Applicant
            Mrs. Bharti B. Gunjal, AGP for the State
            Ms. Sarita V Gaikwad, Advocate for Respondent no.1

                                    CORAM : NEERAJ P. DHOTE, J.
                                      Dated : 6th August, 2026
            PER COURT :-

            1.         Heard both sides.

            2.         This is an application for withdrawal of the entire amount
            deposited by the Acquiring Body under the Award alongwith interest
            accrued thereon.

            3.         By order dated 17.10.2024, in Civil Application No. 5331 of
            2024 in First Appeal St. No. 35685 of 2023, this Court has permitted
            the similarly placed Claimants to withdraw the entire amount under
            the Award with interest accrued thereon, on furnishing usual
            undertaking. Hence, on the ground of parity, the application needs to
            be allowed. Hence, the order:

                                            ORDER

            (1)    The Application is allowed in terms of prayer Clause (B), subject
                   to furnishing usual undertaking.

            (2) The Application stands disposed of.



                                                            ( NEERAJ P. DHOTE, J.)

                  JPChavan                                                     1 of 1

Continue reading with your account

Checking your session…