Bombay High Court

GOVINDRAO S/O BABURAO KATARE AND ORSversusThe Executive Engineer Majalgaon Canal Division No 10

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

Holding

The Court allowed a partial withdrawal of the deposited amount, authorising 50% on an undertaking and 25% on a satisfactory surety, with the balance to be invested in a bank.

Summary

The applicants, Govindrao Baburao Katare and others, filed a civil application seeking withdrawal of Rs. 16,74,787 deposited by the acquiring body. They relied on a common order dated 18 December 2024 in First Appeal Stamp No. 14599 of 2023, which allowed similarly situated applicants to receive 75% of the deposited amount subject to conditions. The respondents did not dispute the precedent. The Court, after hearing both sides, permitted the applicants to receive 50% of the amount with accrued interest upon furnishing an undertaking, and an additional 25% with accrued interest upon furnishing a solvent surety or security satisfactory to the Presiding Officer of the Reference Court. The remaining balance was ordered to be invested in a nationalized bank, and the application was disposed.

Issues considered

Whether the applicants are entitled to withdraw the amount deposited by the acquiring body
What proportion of the deposited amount can be released to the applicants
What conditions must the applicants satisfy to obtain the released amounts

Subjects

civil application
withdrawal of deposited amount
partial relief
surety
interest
reference court

Judgment

2026:BHC-AUG:838




                                               1                         942 ca 187.26

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 187 OF 2026
                                              IN
                                 FIRST APPEAL NO. 4223 OF 2023

                          Govindrao Baburao Katare and others    .. Applicants

                               Versus

                          The Executive Engineer, Majalgaon
                          Canal Division No. 1.                  ..   Respondents

                   Shri Ramchandra J. Nirmal, Advocate for the Applicants.
                   Shri Vinayak P. Narwade, Advocate for the Respondent No. 1.
                   Shri S. V. Hange, A.G.P. for the Respondents/State.

                                     CORAM : SHAILESH P. BRAHME, J.
                                      DATE : 08TH JANUARY, 2026.

                   FINAL ORDER :


                   .      Heard both sides.


                   2.     Applicants seek withdrawal of amount of Rs. 16,74,787/-
                   deposited by the acquiring body. Reliance is placed on common
                   order dated 18th December, 2024 passed in First Appeal Stamp
                   No. 14599 of 2023 with other connected matters permitting the
                   applicants therein to receive 75% of the amount deposited on
                   certain conditions.


                   3.     Learned counsel for the respondents does not dispute the
                   order passed in similarly situated matters.
                            2                         942 ca 187.26



4.    For the reasons stated in the application, the civil
application is allowed partly permitting the applicants to receive
50% of the amount deposited with accrued interest on furnishing
undertaking and 25% of the amount deposited with accrued
interest on furnishing solvent surety/security to the satisfaction
of the Presiding Officer of the Reference Court. Balance amount
shall be invested in any nationalized bank. The civil application
is disposed of.


5.    Amount deposited in this Court shall be transferred to the
Reference Court i. e. Civil Judge Senior Division, Parbhani.



                                [ SHAILESH P. BRAHME J. ]


bsb/Jan. 26

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