Bombay High Court
1 KAILASH BALIRAM MAHAJANversusTHE EXECUTIVE ENGINEER WAGHUR DAM PROJECT JALGAON DIVISION
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
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- What portion of the deposited amount, if any, may be withdrawn by the applicant?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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