Bombay High Court

ANUSAYA DIGAMBAR GAJEWAD AND ORSversusM.S.R.T.C., THR ITS DIV. CONTROLLER, NANDED AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court held that the applicants may withdraw 75% of the deposited amount with interest upon furnishing a satisfactory undertaking.

Summary

The applicants filed an application seeking permission to withdraw the amount they had deposited in the court pursuant to an award. The respondents opposed the application. The court examined the submissions of both parties and, after considering the arguments, decided to partially allow the request. It ordered that the applicants may withdraw 75% of the deposited amount along with accrued interest, subject to furnishing a standard undertaking satisfactory to the Registrar (Judicial). The remaining 25% stays deposited, and the application was disposed of.

Issues considered

Whether the applicants are entitled to withdraw the amount deposited in the court pursuant to the award

Subjects

court deposit
withdrawal
partial allowance
civil procedure
undertaking

Judgment

                                                16 CA NO. 4088 OF 2023.odt


         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD
            16 CIVIL APPLICATION NO. 4088 OF 2023
                        IN FA/1577/2023

                Anusaya Digambar Gajewad And Ors
                                 VERSUS
         M.s.r.t.c., Thr Its Div. Controller, Nanded And Anr
                                    ...
Mr. Taher Ali Quadri, Advocate for Applicants
Mr. A. B. Dhongade, Advocate for Respondent No.1
Mr. B. G. Londhe, Advocate for respondent No.2
                                   ….

                     CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 04.03.2026
PER COURT :-

1.          This is an application seeking permission to withdraw

the amount deposited in this Court pursuant to the award.


2.          Heard.


3.          Learned advocate for respondents strongly opposed

the application.


4.          Perused the application.       For the reasons stated

therein and considering the arguments of both the sides, it would

be proper to partly allow the application. Hence, the following

order:




                                                                  1 of 2
                                         (( 2 ))      16 CA NO. 4088 OF 2023



                                    ::ORDER::


a.              The application is partly allowed.

b.              The applicants are permitted to withdraw 75% of the

                amount out of the amount deposited by the appellant in

                this court, with accrued interest thereon, on furnishing

                usual undertaking to the satisfaction of the learned

                Registrar (Judicial) of this Court.

c.              The application is disposed of.



                                       [ SANJAY A. DESHMUKH, J. ]




     HRJadhav                                                            2 of 2

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