Bombay High Court

THE EX. ENGINEER, IRRIGATION DEPARTMENT OSMANABAD AND ORSversusARUNA NARAYAN KALE

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

Holding

The court permitted partial withdrawal of the deposited compensation—50% on furnishing an undertaking and 25% on furnishing a solvent surety—while directing the balance to be invested, and upheld the interim stay.

Summary

The claimants sought to withdraw amounts deposited by the acquiring body as compensation in several civil applications. The court considered a coordinate bench precedent allowing partial withdrawal upon furnishing an undertaking and a solvent surety. It ordered that 50% of each deposited sum, with accrued interest, be released on an undertaking, and an additional 25% on a surety, both to the satisfaction of the judicial registrar. The remaining balance was to be invested in a nationalized bank. An earlier interim stay on the compensation deposit was confirmed, and the applications were disposed of after granting the partial withdrawals.

Issues considered

Whether the claimants are entitled to withdraw the deposited compensation amounts.
What conditions, if any, must be satisfied for such withdrawal (undertaking, surety).
What is the fate of the unwithdrawn balance of the deposited amounts.
Whether the earlier interim stay on the compensation deposit should continue.

Subjects

compensation withdrawal
undertaking
surety
interim stay
civil application
execution
acquiring body
interest

Judgment

2026:BHC-AUG:3745

                                          (1)                    66 CA 990 OF 2026


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                          66 CIVIL APPLICATION NO. 990 OF 2026
                                     IN FA/2902/2023

                                  ARUNA NARAYAN KALE.
                                          VERSUS
            THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, OSMANABAD AND
                                            ORS.
                                           WITH
                           CIVIL APPLICATION NO. 16063 OF 2022
                                      IN FA/2902/2023

             THE EX. ENGINEER, IRRIGATION DEPARTMENT OSMANABAD AND ORS
                                          VERSUS
                                  ARUNA NARAYAN KALE
                                           WITH
                           CIVIL APPLICATION NO. 16061 OF 2022
                                      IN FA/2899/2023

             THE EX. ENGINEER, IRRIGATION DEPARTMENT OSMANABAD AND ORS
                                          VERSUS
                              VYANKATRAO NIVRUTI KAWADE
                                           WITH
                           CIVIL APPLICATION NO. 16070 OF 2022
                                      IN FA/2901/2023

             THE EX. ENGINEER, IRRIGATION DEPARTMENT OSMANABAD AND ORS
                                          VERSUS
                          HOUSERAO KRISHNA KUDALE AND ORS
                                           WITH
                           CIVIL APPLICATION NO. 16066 OF 2022
                                      IN FA/2900/2023

             THE EX. ENGINEER, IRRIGATION DEPARTMENT OSMANABAD AND ORS
                                        VERSUS
                                GORAKH KRISHNA KUDALE

                                         WITH
                          CIVIL APPLICATION NO. 8241 OF 2023
                                      (2)                        66 CA 990 OF 2026


                               IN FA/2900/2023

                          GORAKH KRISHNA KUDALE
                                    VERSUS
            THE G.M.I.D.C. THR EXE. ENGINEER DIV., OSMANABAD
                                       …
Mr. Swapnil A. Deshmukh, Advocate for the Claimants
Mr. S. N. Morampalle, AGP for Respondent/s-State
Mr. H. P. Kshirsagar, Advocate for Respondent No.1/acquiring body
                                       …

                                 CORAM      : SHAILESH P. BRAHME, J.
                                 DATE       : 28.01.2026

PER COURT :-
APPLICATIONS FOR WITHDRAWAL

.           Applicants seek to withdraw amount of Rs.8,31,246/- in Civil

Application No.990 of 2026, Rs. 8,59,417/- in Civil Application No.8241 of

2023, Rs.13,55,172/- in Civil Application No.16061 of 2022 and Rs.9,75,098/-

in Civil Application No.16070 of 2022 deposited by the acquiring body. In a

similarly situated matters, the coordinate bench permitted the claimants to

receive 50% of the deposited amount on furnishing undertaking and 25% of

the deposited amount on furnishing solvent surety/security. I propose to

follow the same course.

2.          Civil Applications are allowed partly permitting the applicants to

receive 50% of the deposited amount with accrued interest on furnishing

undertaking to the satisfaction of learned Registrar (Judicial) of this Court and

25% of the deposited amount with accrued interest on furnishing solvent
                                       (3)                        66 CA 990 OF 2026


surety/security to the satisfaction of learned Registrar (Judicial) of this Court.

3.           Remaining amount shall be invested in a nationalized bank.

FIRST APPEALS

4.           Admit. Mr. H. P. Kshirsagar, learned counsel for waives service of

notice for the claimants.

5.           Call for Record and Proceeding. Print is dispensed with.

APPLICATIONS FOR STAY

6.           As the amount of compensation is deposited by the acquiring

body in pursuance of the orders of this Court, ad-interim stay granted earlier

shall stands confirmed.

7.           Civil Applications are disposed of.



                                                     ( SHAILESH P. BRAHME, J. )
PRW

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