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Bombay High Court

LAXMANRAO NANABHAU GADEKAR AND OTHERSversusSUBHASH SAMPATRAO GADEKAR AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court ordered that the deposited amount, with interest, be transferred to the Cancer Hospital, Aurangabad.

Summary

The applicants, Laxmanrao Nanabhau Gadekar and others, filed a civil application seeking a refund of the amount they had deposited with the Court while issuing a notice on 26 February 2019. Their counsel, on their instructions, requested that the deposited sum be donated to a charitable purpose instead of being returned. The Court considered whether it could direct the transfer of court‑deposited funds to a charity. Relying on its inherent powers to dispose of applications and to order appropriate disposition of money, the Court ordered that the amount, together with any accrued interest, be transmitted to the Cancer Hospital, Aurangabad. Consequently, the civil application was disposed of with the donation order.

Issues considered

  • Whether the Court can order the donation of money deposited with it instead of refunding it

Subjects

  • civil application
  • refund
  • charitable donation
  • court‑deposited money
  • High Court
  • Aurangabad

Judgment

2026:BHC-AUG:19957
              Dilwale                                       1                116-CA-4680-26.odt




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                 116 CIVIL APPLICATION NO. 4680 OF 2026
                                                   IN
                                     WRIT PETITION NO.2709 OF 2019

                            Laxmanrao Nanabhau Gadekar And Others
                                              VERSUS
                             Subhash Sampatrao Gadekar And Others
                                                 ...
             Advocate for Applicants : Mr. Tandale Fulchad R.
             Advocate for Respondent Nos.1 to 3 : Mr. A. S. Deshmukh
                                                 ...


                                       CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                       DATE          : 28.04.2026

             PER COURT :
             1.         By this application, the applicants seek refund of the amount

             deposited in this Court while issuing notice on 26.02.2019.

             2.         Learned counsel for the applicants, on instructions, submits that

             the said amount be donated for a charitable purpose.

             3.         In view of the above, the amount deposited by the applicants shall

             be transmitted to the Cancer Hospital, Aurangabad, along with accrued

             interest, if any.

             4.         The Civil Application stands disposed of.



                                                          [ SIDDHESHWAR S. THOMBRE ]
                                                                    JUDGE


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