Bombay High Court

PRABHU BHANUDAS PAWAR PRABHAKAR BHANUDAS THAKARversusEXECUTIVE ENGINEER OSMANABAD IRRIGATION DEPARTMENT

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

Holding

The court held that the applicant is entitled to receive 65% of the deposited amount with accrued interest, subject to an undertaking, and the balance must be invested in a nationalized bank.

Summary

The applicant, Prabhu Bhanudas Pawar, sought to withdraw Rs. 8,65,267 deposited by the Executive Engineer, Osmanabad Irrigation Department, pursuant to earlier court orders. The respondent contended that the deposits were made under the court's direction and that, in similar cases, claimants were permitted to recover only 65% of the deposited sum with accrued interest. The court examined the precedent and decided to follow the same approach. It ordered that the applicant may receive 65% of the deposited amount together with interest, subject to furnishing an undertaking satisfactory to the Registrar (Judicial). The remaining balance was to be invested in a nationalized bank. The civil application was therefore allowed and disposed of.

Issues considered

What portion of the amount deposited by the acquiring body may be withdrawn by the applicant under the court's earlier orders?

Subjects

civil procedure
deposit withdrawal
partial restitution
interest
court order
acquisition
irrigation department

Judgment

2026:BHC-AUG:5427




                                                1                         53 ca 1366.26

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 CIVIL APPLICATION NO. 1366 OF 2026
                                                IN
                                FIRST APPEAL STAMP NO. 12504 OF 2024

                           Prabhu Bhanudas Pawar @
                           Prabhakar Bhanudas Thakar              .. Applicant

                                  Versus

                           Executive Engineer, Osmanabad
                           Irrigation Department and others       ..   Respondents

                    Shri Shaikh Shoyab Mohammad Israil, Advocate for the
                    Applicant.
                    Ms. Vaishali S. Swami, Advocate h/f Shri Mahesh C. Swami,
                    Advocate for the Respondent No. 1.
                    Shri S. V. Hange, A.G.P. for the Respondent Nos. 2 and 3.

                                      CORAM : SHAILESH P. BRAHME, J.
                                       DATE : 06TH FEBRUARY, 2026.

                    FINAL ORDER :


                    .      Applicant seeks to withdraw amount of Rs. 8,65,267/-
                    deposited by the respondent No. 1 – acquiring body.


                    2.     It is informed by the learned counsel for the respondent
                    No. 1 that the deposits are in pursuance of orders passed by this
                    Court. In similarly situated matters, this Court permitted the
                    claimants to receive 65% of the amount deposited with accrued
                    interest.
                              2                        53 ca 1366.26

3.    I propose to follow the same course. The civil application is
allowed permitting the applicant to receive 65% of the amount
deposited with accrued interest on furnishing undertaking to the
satisfaction of the Registrar (Judicial) of this Court.   Balance
amount shall be invested in any nationalized bank. The civil
application is disposed of.

                                  [ SHAILESH P. BRAHME J. ]


bsb/Feb. 26

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