Bombay High Court
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG SHRIGONDA NOW THE EXECUTIVE ENGINEER KUKADIversusSADASHIV BUVAJI CHEDE AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The claimants may withdraw the entire amount deposited by the Acquiring Body, along with accrued interest, upon furnishing the requisite undertaking.
Summary
The Court had earlier ordered the Acquiring Body to deposit fifty percent of the compensation award within twelve weeks. The Acquiring Body deposited only thirteen percent of the amount directed. Consequently, the claimants filed a series of civil applications seeking withdrawal of the deposited sum. The Court held that, given the partial deposit, the claimants are entitled to withdraw the entire amount that has been deposited, together with accrued interest, provided they furnish the usual undertaking to the Registrar. All the pending civil applications were therefore disposed of, with a few listed for further consideration after three weeks.
Issues considered
- What entitlement do claimants have to withdraw the amount deposited by the Acquiring Body under the earlier court order?
- Whether interest is payable on the withdrawn amount?
Subjects
- withdrawal of compensation
- civil application
- interest on deposited amount
- court order compliance
- Acquiring Body
Judgment
2026:BHC-AUG:42375
955 CA 10661 OF 2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
955 CIVIL APPLICATION NO. 10655 OF 2026
IN FA/2329/2026
WITH
CIVIL APPLICATION NO. 10649 OF 2026
IN FA/2320/2026
WITH
CIVIL APPLICATION NO. 10643 OF 2026
IN FA/2316/2026
WITH
CIVIL APPLICATION NO. 10646 OF 2026
IN FA/2318/2026
WITH
CIVIL APPLICATION NO. 4364 OF 2024
IN FA/2319/2026
WITH
CIVIL APPLICATION NO. 4370 OF 2024
IN FA/2321/2026
WITH
CIVIL APPLICATION NO. 4345 OF 2024
IN FA/2329/2026
WITH
CIVIL APPLICATION NO. 4368 OF 2024
IN FA/2326/2026
WITH
CIVIL APPLICATION NO. 4366 OF 2024
IN FA/2320/2026
WITH
CIVIL APPLICATION NO. 4329 OF 2024
IN FA/2323/2026
WITH
CIVIL APPLICATION NO. 4339 OF 2024
IN FA/2330/2026
WITH
CIVIL APPLICATION NO. 10650 OF 2026
IN FA/2321/2026
WITH
CIVIL APPLICATION NO. 10651 OF 2026
IN FA/2322/2026
WITH
CIVIL APPLICATION NO. 10652 OF 2026
IN FA/2323/2026
WITH
CIVIL APPLICATION NO. 10653 OF 2026
1/3
955 CA 10661 OF 2026.odt
IN FA/2326/2026
WITH
CIVIL APPLICATION NO. 5138 OF 2026
IN FA/2318/2026
WITH
CIVIL APPLICATION NO. 10644 OF 2026
IN FA/2317/2026
WITH
CIVIL APPLICATION NO. 10647 OF 2026
IN FA/2319/2026
WITH
CIVIL APPLICATION NO. 10657 OF 2026
IN FA/2333/2026
WITH
CIVIL APPLICATION NO. 4347 OF 2024
IN FA/2316/2026
WITH
CIVIL APPLICATION NO. 4356 OF 2024
IN FA/2333/2026
WITH
CIVIL APPLICATION NO. 4360 OF 2024
IN FA/2317/2026
WITH
CIVIL APPLICATION NO. 4362 OF 2024
IN FA/2322/2026
WITH
CIVIL APPLICATION NO. 10654 OF 2026
IN FA/2328/2026
WITH
CIVIL APPLICATION NO. 10656 OF 2026
IN FA/2330/2026
RAJENDRA UDDHAV NEWASE
VERSUS
THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG SHRIGONDA
...
Advocate for Applicant : Adv. Priyanka Y. Sarnaik h/f Mr. Mahesh S.
Deshmukh
Advocate for Respondent No. 1 : Mr. Avishkar S. Shelke
AGP for Respondent No. 2 : Mrs. P.V. Diggikar
...
CORAM : SMT. MANJUSHA AJAY
DESHPANDE, J.
DATE : 11.09.2026
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955 CA 10661 OF 2026.odt
PER COURT :
CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT :
1. All these applications are for withdrawal of amount by the
applicants/claimants. By way of common order dated 02.05.2024 passed by
this Court directing the Acquiring Body to deposit 50% of the amount of
compensation under award within 12 weeks from the date of order. It is
submitted that the Acquiring Body has deposited only 13% of the amount
from 50%, as directed by this Court. Since 13% amount is deposited, the
claimants have filed the respective applications for withdrawal of amount.
2. In view of the amount deposited by the Acquiring Body, the
claimants/applicants are allowed to withdraw entire deposited amount with
accrued interest by the Acquiring Body subject to furnishing usual
undertaking to the satisfaction of the Registrar (Judicial) of this Court.
3. Civil Applications stand disposed of.
4. Civil Application Nos. 10646 OF 2026, 5138 OF 2026 and 4364 OF
2024 are concerned, these shall be listed for consideration after period of
three weeks.
( SMT. MANJUSHA AJAY DESHPANDE, J.)
mkd/-
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