Bombay High Court
Raosaheb Bhagwan DhereversusThe Executive Engineer Kukadi Prakalp Vibhag Shrigonda and ors
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The claimants are entitled to withdraw the entire amount deposited by the Acquiring Body, together with accrued interest, upon furnishing the requisite undertaking to the Registrar.
Summary
The High Court of Bombay, Aurangabad bench dealt with a series of civil applications seeking withdrawal of amounts deposited by the Acquiring Body under a prior order dated 02.05.2024, which directed the deposit of 50% of compensation within twelve weeks. The Acquiring Body deposited only 13% of the stipulated amount, prompting the claimants to file applications for withdrawal. The Court held that, given the partial deposit, the claimants are entitled to withdraw the entire deposited sum along with accrued interest, provided they furnish the usual undertaking satisfactory to the Registrar (Judicial). Consequently, all the listed civil applications were disposed of, with a few specific applications (Nos. 10646 of 2026, 5138 of 2026, and 4364 of 2024) scheduled for further consideration after three weeks. The order emphasizes compliance with the earlier directive and ensures that claimants receive the deposited amount with interest.
Issues considered
- Whether the claimants are entitled to withdraw the amount deposited by the Acquiring Body despite it being less than the ordered 50% of compensation.
- Whether the claimants are eligible to claim accrued interest on the deposited amount.
- What conditions, if any, must be satisfied (e.g., furnishing an undertaking) for the withdrawal of the deposited amount.
Subjects
- withdrawal of compensation
- civil application
- Acquiring Body
- interest on deposited amount
- court order compliance
- partial deposit
Judgment
2026:BHC-AUG:42382
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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