Bombay High Court
Bhagwat Ambadas GaikwadversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the applicants to withdraw 50% of the deposited amount with interest upon an undertaking and an additional 25% upon furnishing a satisfactory surety or security.
Summary
The applicants, Bhagwat Ambadas Gaikwak and another, filed a civil application seeking withdrawal of the amount deposited by the acquiring body, which had paid 75% of the compensation awarded by a reference court. The applicants relied on a prior similar application where the court permitted withdrawal after deposit. The court, noting its earlier order dated 25-06-2026 and the precedent, allowed the withdrawal on specified terms: 50% of the deposited amount with accrued interest upon furnishing a usual undertaking, and an additional 25% upon furnishing a satisfactory solvent surety or security. The remaining portion remains subject to the stay order pending disposal of the appeal. The application was therefore allowed.
Issues considered
- What extent of the deposited compensation amount may be withdrawn by the applicants?
- Whether the court can condition the withdrawal on an undertaking and a surety/security?
Subjects
- withdrawal of compensation
- civil application
- stay order
- surety
- interest
- acquisition
- compensation award
Judgment
(1) 930ca3110.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
930 CIVIL APPLICATION NO. 3110 OF 2026
IN FA/1036/2026
Bhagwat Ambadas Gaikwad & Anr
….Applicants
VERSUS
The State Of Maharashtra Through Collector Osmanabad At
Osmanabad
…..Respondent
WITH
CIVIL APPLICATION NO. 12625 OF 2024
IN FA/1036/2026
Mr. Madhav K. Jadhav, Advocate h/f Mr. Abhijit S. More, Advocate
for the Applicants
Mrs. P. V. Diggikar, AGP for the respondent/State
CORAM : MANJUSHA DESHPANDE, J.
DATE : 14th AUGUST, 2026
PER COURT :
CA/3110/2026
1. This is an Application filed by the Claimants/Applicants
for withdrawal of the amount.
2. The learned Advocate for the Applicants submitted that
the acquiring body i.e. Appellant has deposited 75% of the
compensation awarded by the learned Reference Court in this Court
pursuant to the order dated 28-11-2024 passed in CA/12625/2025.
Hence, the claimants have filed this Application for withdrawal of the
1 of 3
(2) 930ca3110.26
amount. Reliance is placed on the Application filed by one of the
claimants from the same award as well as same project wherein after
deposit of amount by the Acquiring body, this Court has allowed the
Application for withdrawal of the amount.
3. In view of the order dated 25-06-2026 passed by this
Court, I am inclined to allow the Application on same terms and
conditions.
4. The civil Application is allowed.
5. The Applicants are permitted to withdraw 50% of the
amount deposited in the office of this court alongwith accrued interest
thereon, on furnishing usual undertaking and 25% of the amount is
allowed to withdraw on furnishing solvent surety/security to the
satisfaction of the learned Registrar (Judicial) of this court.
CA/12625/2024
1. This Court while issuing notice has granted stay to the
impugned judgment and award dated 09-02-2024 subject to deposit of
75% along with interest and accordingly, the Applicant has deposited
the said amount which is permitted to be withdrawn today by this
Court.
2. In view of deposit of amount, stay granted by this Court
shall continue to operate till disposal of the Appeal.
2 of 3
(3) 930ca3110.26
FA/1036/2026
1. Heard.
2. Admit.
3. The learned AGP waives service of notice for the
respondent/State. Mr. Jadhav h/f Mr. More, Advocate waives service
of notice for Respondents/claimants.
4. Call R & P.
[MANJUSHA DESHPANDE, J. ]
VishalK/930ca3110.26
3 of 3
Checking your session…