Bombay High Court

SHANKAR AMBADAS JADHAV.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The condition requiring the applicant to furnish a bank guarantee is to be relaxed as the appeal has been disposed of.

Summary

The applicant, Shankar Ambadas Jadhav, filed a civil application seeking relaxation of a condition imposed by the High Court on 9 January 2009, which required him to furnish a bank guarantee for the withdrawal of a deposited amount. The condition became moot after the first appeal in the same matter was disposed of by the Court on 18 February 2026. The applicant argued that with the appeal disposed, the requirement to maintain the bank guarantee should be lifted. The Court examined whether the earlier order remained operative after the disposal of the appeal. Finding that the condition was no longer necessary, the Court allowed the application and ordered the relaxation of the bank guarantee requirement. Consequently, the civil application was disposed of.

Issues considered

Whether the condition requiring a bank guarantee, imposed by the Court in 2009, should be relaxed after the disposal of the first appeal in the same matter.

Subjects

bank guarantee
relaxation of condition
civil application
court order
appeal disposal

Judgment

                                  (1)                  901-CA-3469-2026


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

              901 CIVIL APPLICATION NO. 3469 OF 2026
                          IN FA/2409/2008

                        Shankar Ambadas Jadhav.
                                VERSUS
    The State Of Maharashtra Through Collector Osmanabad And Anr.
                                   ...
Mr. Vivekanand V. Ingale, Advocate for Applicant.
Dr. Kalpalata Patil Bharaswadkar, AGP for Respondent-State.

                                 CORAM : KISHORE C. SANT &
                                           SUSHIL M. GHODESWAR, JJ.
                                 DATE    : 24th MARCH 2026.

PC :-

1.      This application is filed seeking relaxation of the condition

imposed by this Court by its order dated 09.01.2009 requiring the

present applicant to furnish a bank guarantee for withdrawal of the

amount deposited by the appellant/acquiring body in the office of this

Court. Now the first appeal itself is disposed off by this Court by order

dated 18.02.2026. Since the appeal itself is now disposed off, the said

condition needs to be relaxed.
                                           (2)                   901-CA-3469-2026


2.           Considering above, application stands allowed in terms of prayer

clause (B).

3.           Order dated 09.01.2009 seems to have been in operation.

4.           With this, civil application stands disposed off.




[SUSHIL M. GHODESWAR, J.]                              [KISHORE C. SANT, J.]


D.A.ETHAPE

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