Bombay High Court

SUGRIV GOPAL BANSODE DIED THR LRS SHRIMTI RANUBAI SUGRIV BANSODE AND OTHERSversusTHE MAHARASHTRA KRISHNA VALLEY DEVELP. CORPORATION THR. THE EXECUTIVE ENGINEER IRRG.PROJECT AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the applicant to withdraw the entire amount deposited (50% of the award) upon furnishing a regular undertaking to refund if the appeal succeeds.

Summary

The applicant, Sugriv Gopal Bansode, filed an application seeking withdrawal of the amount deposited by the acquiring body in pending proceedings. The acquiring body appealed a prior judgment that had enhanced compensation to twelve times the original award and requested a stay directing only 50% of the awarded amount be deposited. The applicant relied on a previous order dated 5 May 2025 in a similar case (Civil Application No. 5211 of 2025) where the court allowed withdrawal of the deposited amount. The court considered the consistency with the earlier order and the acquiring body’s lack of objection to the withdrawal precedent. It permitted the applicant to withdraw the entire deposited amount (50% of the award) subject to a regular undertaking to refund the sum with interest if the appeal succeeds. The application was consequently disposed of.

Issues considered

Whether the applicant may withdraw the amount deposited by the acquiring body in the pending proceedings
Whether a stay directing deposit of only 50% of the awarded compensation is appropriate
Whether the precedent set in Civil Application No. 5211 of 2025 applies to the present case

Subjects

withdrawal of deposit
compensation award
stay of proceedings
regular undertaking
civil procedure
precedent

Judgment

                               1                46CA5219.2025.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD.

                 CIVIL APPLICATION NO. 5219 OF 2025
                                 IN
                 FIRST APPEAL [ST] NO. 7135 OF 2023

                         Sugriv Gopal Bansode
                                 Versus
     The Maharashtra Krushna Valley Development Corporation through
                           Executive Engineer

                                   ...
Mr. R.V. Naiknaware - Advocate for Applicant
Mr. Avishkar S. Shelke - Advocate for Respondent Nos. 1
Mr. S. M. Ganachari - AGP for the State
                                   ...

                                CORAM :    NEERAJ P. DHOTE, J.

                                DATED :     22ND JUNE, 2026

PER COURT : -

1.            This is an application filed by the Claimant seeking

withdrawal of the amount deposited in the present proceedings.


2.            The Appeal has been filed by the Acquiring Body

challenging the Judgment and Order passed by the learned Reference

Court.


3.            According to the learned Advocate for the Acquiring Body,

since the enhanced compensation awarded by the Reference Court is

upto twelve times, this Court may grant stay directing deposit of 50% of

the awarded amount.


4.            The learned Advocate for the Claimant submits that, by
                                                             2                  46CA5219.2025.odt
                             order dated 5th May 2025 passed in Civil Application No. 5211 of 2025

                             in First Appeal (Stamp) No. 7139 of 2023, this Court permitted similarly

                             situated claimants to withdraw the amount deposited by the Acquiring

                             Body. He, therefore, submits that a similar order be passed in the present

                             case.


                             5.           The learned Advocate for the Acquiring Body does not

                             dispute that, by the aforesaid order passed in a Civil Application in First

                             Appeal arising out of the same Award, this Court permitted withdrawal

                             of the amount deposited by the Acquiring Body.


                             6.           Considering the aforesaid conspectus of the matter, the

                             Applicant/Claimant is permitted to withdraw the entire amount

                             deposited by the Acquiring Body (being 50% of the amount awarded),

                             upon furnishing a regular undertaking to the satisfaction of the Registrar

                             (Judicial) of this Court to the effect that, in the event the Appeal

                             succeeds, they shall refund the said amount together with the interest

                             accrued thereon to the Acquiring Body within a period of twelve (12)

                             weeks from the date of such decision.


                             7.           The Application stands disposed of.




                                                                            [NEERAJ P. DHOTE]
                                                                                 JUDGE

                             SG Punde


Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 23/06/2026 19:20:39

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