Bombay High Court

The Executive Engineer, Irrigation Project Strengthening Division, at Omerga, Dist. OsmanabadversusIndrajit Krushnaji Jadhav and others

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The claimants may withdraw the entire amount deposited, subject to furnishing an undertaking satisfactory to the Registrar.

Summary

The claimants filed a civil application seeking withdrawal of an amount that had been deposited by the acquiring body in an appeal. The High Court had previously ordered the acquiring body to deposit 75% of the disputed sum, which it complied with. The issue before the Court was whether the claimants could now withdraw the entire deposited amount. The Court held that, given the 75% deposit, the claimants were entitled to withdraw the full amount, provided they executed an undertaking satisfactory to the Registrar within four weeks. Consequently, the application for withdrawal was disposed, and the related stay application was also allowed.

Issues considered

Whether the claimants are entitled to withdraw the entire amount deposited by the acquiring body after the required 75% deposit has been made

Subjects

withdrawal of amount
civil application
stay order
deposit requirement
high court

Judgment

2026:BHC-AUG:41091


                                                   1                       1115.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 7527 OF 2026
                                       IN FA/1936/2026
                                           WITH
                             CIVIL APPLICATION NO. 13964 OF 2025
                                       IN FA/1936/2026
                                INDRAJIT SO KRUNAJI JADHAV
                                              VERSUS
                     THE STATE OF MAHARASHTRA THROUGH, COLLECTOR
                                                  ...
                           Advocate for Applicant : Mr. Shashikiran N. Patil
                        AGP for Respondent/s – State : Ms. Vaishali Chaudhari
                         Advocate for Respondent No. 3 : Mr. Rahul A. Tambe
                                                 …

                                        CORAM : MANJUSHA DESHPANDE, J.
                                        DATE : 03rd SEPTEMBER, 2026


              PER COURT :

              1.            This Application has been filed for withdrawal of amount by

              the claimants in the Appeal filed by the acquiring body.


              2.            By order passed by this Court, 75% of the amount is

              deposited by the acquiring body.


              3.            In view of the deposit of 75% of the amount in this Court,

              the Claimants are allowed to withdraw the entire amount deposited in this

              Court, upon furnishing an undertaking to the satisfaction of the Registrar

              (Judicial) of this Court, within a period of four weeks.
                                   2                        1115.odt


4.           Civil Application for withdrawal of amount, stands disposed

of.


5.           In view of the Withdrawal of amount, the Civil Application

for stay is allowed.




                                   ( MANJUSHA DESHPANDE, J. )




SPC

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