Bombay High Court

Humera Begum Mohammed KashifversusUnion of India

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

Holding

The court partially allowed the withdrawal of 50% of the deposited amount with interest upon undertaking and granted a stay of execution of the impugned judgment and award.

Summary

The petitioner, Humera Begum Mohammed Kashif, filed a civil application seeking permission to withdraw the amount she had deposited in the court under an impugned judgment and award. The respondent, Union of India, opposed the request. The court, after hearing both sides, allowed the application in part, permitting the withdrawal of 50% of the deposited amount along with accrued interest, subject to an undertaking to the registrar. In a related application, the petitioner sought a stay of execution of the same judgment and award. The court granted the stay as prayed for and disposed of the application. Both applications were ultimately disposed of by the court.

Issues considered

Whether the petitioner is entitled to withdraw a portion of the amount deposited under the impugned judgment and award.
Whether a stay of execution of the impugned judgment and award should be granted.

Subjects

withdrawal of deposited amount
stay of execution
civil application
court order
interest
judgment award

Judgment

2026:BHC-AUG:4710
                                                                         48-ca-476-2026
                                                    -1-

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                      CIVIL APPLICATION NO. 476 OF 2026 IN FA/1114/2025
                                  Humera Begum Mohammed Kashif
                                               VERSUS
                                           Union Of India
                                                 ...
                Mr. Syed Moisali Amjedali, Advocate for Applicant
                Mr. N. T. Bhagat, Advocate for Respondent
                                                WITH
                              CIVIL APPLICATION NO. 1268 OF 2025
                                         IN FA/1114/2025

                                       CORAM : SANJAY A. DESHMUKH, J.
                                       DATED : 02ND FEBRUARY, 2026
                PER COURT :-


                1.           This is an application for permission to withdraw the

                amount deposited in this Court by the appellant under impugned

                judgment and award.

                2.           Perused the application. Heard learned Advocates for both

                the sides.

                3.           Learned Advocate for the respondent strongly opposed the

                application and prayed to reject the application.

                4.           Considering the reasons stated in the application and the

                impugned judgment and award, it would be proper to allow this

                application partly. Hence, the following order:

                                                  ORDER

                      a.          Civil Application is partly allowed.
                                                             48-ca-476-2026
                                      -2-

        b.         Applicants are permitted to withdraw the 50%
        amount     alongwith     interest   accrued    thereon   on
        furnishing usual undertaking to the satisfaction of the
        learned Registrar (Judicial) of this Court.
        c.         Civil Application is disposed of.


CIVIL APPLICATION NO. 1268 OF 2025

1.           This is an application for granting stay to the execution and

operation of the impugned judgment and award.

2.           Perused the application. Heard learned Advocates for both

the sides.

3.           Learned Advocate for the appellant submits that the

appellant has deposited the entire award amount under impugned

judgment and award and prayed to allow the application.

4.           Considering the above fact, Civil Application deserves to be

allowed and is allowed in terms of prayer clause ‘A’ and ‘B’.

5.           Civil Application is disposed of.

6.           Learned Advocate Mr. N. T. Bhagat submits that he has

instructions to appear on behalf of respondent-Union of India.

Appearance of Mr. Ramdas B. Bhosale be discharged.



                                                 (SANJAY A. DESHMUKH, J.)

Rushikesh/2026

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