Bombay High Court

Sheshrao maruti MundeversusTHE STATE OF MAHARASHTRA

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the applicant may withdraw 50% of the deposited amount with an undertaking and 25% with a surety, with the balance to be invested in a nationalized bank.

Summary

The applicant filed a civil application seeking withdrawal of the amount deposited by the acquiring body after a prior court order required full deposit with interest. The court examined the request and directed that 50% of the deposited sum, together with accrued interest, may be withdrawn upon furnishing a usual undertaking satisfactory to the Registrar (Judicial). An additional 25% may be withdrawn if the applicant provides a solvent surety also satisfactory to the Registrar. The remaining 25% of the amount is to be invested in a nationalized bank. Consequently, the civil application was disposed and the first appeal was listed for admission on 10 September 2026.

Issues considered

Whether the applicant is entitled to withdraw the amount deposited by the acquiring body
What conditions, if any, should be imposed on such withdrawal

Subjects

civil procedure
withdrawal of deposit
surety
interest
court order
appeal

Judgment

                            1                          910 ca 6052.26

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

           CIVIL APPLICATION NO. 6052 OF 2026
                          IN
             FIRST APPEAL NO. 2195 OF 2025

       Sheshrao Maruti Munde                    ..   Applicant

            Versus

       The State of Maharashtra and others      ..   Respondents

Shri Suhas R. Shirsath, Advocate for the Applicant.
Mrs. Dr. Kalpalata Patil Bharaswadkar, A.G.P. for the
Respondent Nos. 1 and 2.

                  CORAM : MANJUSHA A. DESHPANDE, J.
                   DATE : 27TH AUGUST, 2026.

ORDER :


.      The applicant - claimant has filed present civil application
for withdrawal of amount deposited in the first appeal by the
acquiring body.    It is submitted that pursuant to the order
passed by this Court on 25.11.2024 in the application for stay,
directing the acquiring body to deposit entire amount as per the
award passed by the Reference Court. In view of the order passed
by this Court the entire amount along with interest has been
deposited on 02.04.2026.


2.     The applicant has therefore filed present civil application
for withdrawal of amount. In view of the averments made in the
civil application the applicant/claimant is allowed to withdraw
                                2                          910 ca 6052.26

50% of the amount deposited along with accrued interest on
furnishing usual undertaking to the satisfaction of the Registrar
(Judicial) of this Court and 25% of the amount deposited with
accrued       interest   is   allowed   to   be   withdrawn     by   the
applicant/claimant       on    furnishing    solvent   surety   to   the
satisfaction of the Registrar (Judicial) of this Court. Rest of the
amount shall be invested in any nationalized bank.


3.    With aforementioned directions the civil application stands
disposed of.


4.    List the first appeal for admission on 10.09.2026.



                                    [ MANJUSHA A. DESHPANDE J. ]


bsb/Aug. 26

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