Bombay High Court
RADHABAI PRABHULAL JAISWALversusTHE ADMINISTRATOR CIDCO CHH SAMBHAJINAGAR
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
Holding
The Court partially allowed the withdrawal, permitting 70% of the deposited amount with interest on undertaking and the balance on security, condoned the delay, and confirmed the stay.
Summary
The Administrator CIDCO deposited Rs.1,18,70,800 and sought to withdraw the amount. The Court noted that the Respondent had previously deposited only 70% of the amount as ordered, and followed its established practice of allowing claimants to receive 70% of the deposited sum with interest upon furnishing an undertaking, with the remaining 30% payable upon furnishing a solvent surety or security. The Court therefore partially allowed the withdrawal application, directing the applicant to receive 70% with interest and the balance on security. The applicant also sought condonation of a 154‑day delay in filing a first appeal, which was unopposed and consequently condoned. The Court confirmed the earlier ad‑interim stay order and disposed of the related civil applications.
Issues considered
- Whether the applicant may withdraw 70% of the deposited amount with interest upon furnishing an undertaking and the balance upon furnishing security.
- Whether a delay of 154 days in preferring the first appeal can be condoned.
- Whether the earlier ad‑interim stay order should continue.
Subjects
- deposit
- withdrawal
- interest
- undertaking
- security
- condonation of delay
- stay
- civil application
- high court
Judgment
2026:BHC-AUG:9189
8-CA-12026-2025+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 12026 OF 2025
IN FAST/31494/2025
The Administrator Cidco
VERSUS
Radhabai Prabhulal Jaiswal
WITH CIVIL APPLICATION NO. 2386 OF 2026
IN FAST/31494/2025
Radhabai Prabhulal Jaiswal
VERSUS
The Administrator Cidco Chh Sambhajinagar
WITH CIVIL APPLICATION NO. 12027 OF 2025
IN FAST/31494/2025
The Administrator Cidco
VERSUS
Radhabai Prabhulal Jaiswal
Mr. S. V. Deshmukh, Advocate for Acquiring Body
Mr. D. M. Pingale, Advocate for Claimants
Mr. N. D. Raje, AGP for Respondents/State
***
CORAM : SHAILESH P. BRAHME, J
DATE : MARCH 04, 2026
PC :
CIVIL APPLICATION FOR WITHDRAWAL
1. The Acquiring Body has deposited amount of Rs.1,18,70,800/-,
which is sought to be withdrawn by the Applicant. It is pointed out that the
Respondent had deposited only 70% of the amount in pursuance of the
orders passed by this Court. The trend of this Court is in permitting the
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8-CA-12026-2025+.odt
claimants to receive 70% of the amount out of deposited amount on
furnishing undertaking and balance amount on furnishing solvent
surety/security. Hence, I propose to follow the same course. Therefore, I
pass following order:
ORDER
(i) Civil application for withdrawal of amount is partly
allowed.
(ii) The applicant shall be permitted to receive 70% of the
deposited amount with accrued interest in furnishing
undertaking and balance 30% amount on furnishing solvent
surety/security to the satisfaction of the Registrar (Judicial)
CIVIL APPLICATION FOR DELAY CONDONATION
2. The Acquiring Body seeks to condone delay of 154 days in
preferring First Appeal.
3. Application has not been objected by the Respondents.
4. For the reasons stated in the application, delay stands condone.
Civil Application for delay is allowed.
FIRST APPEAL
5. Admit.
6. Learned AGP waives service of notice for Respondent/State.
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8-CA-12026-2025+.odt
Learned Counsel Mr. Pingale waives service of notice for
respondents/claimants.
7. Call for record and proceedings from the concerned Court.
8. Print is dispensed with.
CIVIL APPLICATION FOR STAY
9. As the amount is deposited in pursuance to the orders of this
Court, ad-interim relief granted earlier stands confirmed. Civil Application is
disposed of.
(SHAILESH P. BRAHME, J.)
Umesh
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