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Bombay High Court

TAPI IRRIGATION DEV. CORPORATIONversusVASANT NIVRUTTI CHAUDHARI

Disposal
DISPOSED OFF

Holding

The claimants are entitled to withdraw the entire amount deposited with accrued interest.

Summary

The High Court of Bombay, Aurangabad Bench, heard applications filed by Vasant Nivrutti Chaudhari and other claimants seeking to add parties to the proceedings and to withdraw an amount they had deposited in the Court pursuant to an earlier judgment and award. The counsel for the acquiring body was absent, leading to the dismissal of the applications for adding parties for default. The claimants then applied for withdrawal of the deposited amount, which the State opposed. After considering the submissions of both parties and noting that the first appeals had been disposed of, the Court permitted the claimants to withdraw the entire deposited sum along with accrued interest. Consequently, the civil applications for withdrawal of amount were disposed of.

Issues considered

  • Whether the claimants are entitled to withdraw the amount deposited in the Court pending the disposition of the appeals
  • Whether the State's opposition to the withdrawal is sufficient to deny the claimants' request

Subjects

  • civil procedure
  • withdrawal of court deposit
  • interest on deposited amount
  • default dismissal
  • party addition
  • appeal disposition

Judgment

2026:BHC-AUG:10300


                                                      1                              18-ca.6560.17.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                  BENCH AT AURANGABAD.
                              18 CIVIL APPLICATION NO. 6560 OF 2017
                                          IN FA/441/2005

                                   VASANT NIVRUTTI CHAUDHARI
                                                VERSUS
                              THE STATE OF MAHARASHTRA AND ANR
                                                   ...
              Advocate for Claimants : Mr. Krishna G. Narwade, h/f Mr. A. B. Kale.
              AGP for Respondent / State : Mr. S. G. Joshi.
              Advocate for Acquiring Body : Mr. M. S. Deshmukh. (Absent)
                                                   ...

                                              WITH
                               CIVIL APPLICATION NO. 2258 OF 2006
                                          IN FA/441/2005

                                              WITH
                               CIVIL APPLICATION NO. 2248 OF 2006
                                          IN FA/430/2005

                                              WITH
                                CIVIL APPLICATION NO. 524 OF 2010
                                          IN FA/441/2005
                                                ...


                                               CORAM : SANJAY A. DESHMUKH, J.
                                               DATE       :   09th March, 2026.

              P.C.:

              1       Heard the learned counsel for the parties.            Perused the

              applications.


              Applications for adding parties.

              2       The learned counsel for the applicants / acquiring body is

              absent. These applications are dismissed for default.
                                             2                           18-ca.6560.17.odt


      Applications for withdrawal of amount:

      3     These applications are for withdrawal of the amount deposited

      by the appellant in this Court as per the impugned judgment and

      award.


      4     The learned AGP counsel for the State strongly opposes the

      application.


      5     For the reasons stated in the application and considering the

      arguments of the learned counsel for claimants and the learned AGP

      as well as the first appeals are disposed of, the following order is

      passed :-


                                       ORDER

           I.     The applicants / claimants are permitted to withdraw
                  entire amount deposited by the appellant in this Court,
                  with accrued interest thereon.

           II.    With this, the civil applications for withdrawal of amount
                  stand disposed of.



                                             [ SANJAY A. DESHMUKH, J. ]
nga


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