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Bombay High Court

1 KAILASH BALIRAM MAHAJANversusTHE EXECUTIVE ENGINEER WAGHUR DAM PROJECT JALGAON DIVISION

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the applicant to withdraw 75% of the deposited amount with interest, subject to an undertaking to the Registrar and clearance of objections.

Summary

Kailash Baliram Mahajan filed a civil application seeking the withdrawal of Rs.13,16,242 deposited by the acquiring body. The court examined whether the applicant was entitled to the full amount or a portion thereof. It held that justice would be served by allowing the applicant to receive 75% of the deposited sum along with accrued interest, provided an undertaking is given to the Registrar. The order is conditional on the removal of any objections before disbursement. Consequently, the application was allowed in part, directing the office not to release the funds until the stipulated conditions are satisfied.

Issues considered

  • What portion of the deposited amount, if any, may be withdrawn by the applicant?
  • Whether the withdrawal can be conditioned upon an undertaking and removal of objections.

Subjects

  • withdrawal of deposited amount
  • partial relief
  • interest
  • civil application
  • high court

Judgment

2026:BHC-AUG:7878

                                                  (1)                        138 CA 47 OF 2026


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              138 CIVIL APPLICATION NO. 47 OF 2026
                                       IN FAST/26711/2024

                                  1 KAILASH BALIRAM MAHAJAN
                                               VERSUS
            THE EXECUTIVE ENGINEER WAGHUR DAM PROJECT JALGAON DIVISION
                                                   …
           Ms. Sakshi A. Kale h/f. Mr. A. B. Kale, Advocate for Applicants
           Mr. N. D. Raje, AGP for Respondent/s-State
                                                   …

                                              CORAM     : SHAILESH P. BRAHME, J.
                                              DATE      : 20.02.2026

           PER COURT :-
           .            Applicants seek withdrawal of amount of Rs.13,16,242/-

           deposited by the acquiring body.

           2.           Ends of justice would be met by permitting the applicants to

           receive 75% of the deposited amount on certain conditions.

           3.           Civil Application is allowed partly permitting the applicants to

           receive 75% of the deposited amount with accrued interest on furnishing

           undertaking to the satisfied of learned Registrar (Judicial) of this Court.

           4.           Office shall not disburse the amount unless the objections are

           removed.



                                                               ( SHAILESH P. BRAHME, J. )
           PRW


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