Bombay High Court
SHRI MOHAN MANGU RATHODversusTHE STATE OF MAHARASHTRA
- Disposal
- ALLOWED TO BE WITHDRAWN AT ADMISSION STAGE
- Bench
- S G CHAPALGAONKAR
Holding
The Court allowed the applicant to withdraw Rs. 75 lakh, subject to an undertaking and a surety, and retained the power to direct redeposit if necessary.
Summary
Shri Mohan Mangu Rathod applied to the High Court seeking permission to withdraw a portion of the amount deposited by the acquiring body pursuant to an award of the Reference Court that granted compensation for the loss of over 354 lemon trees. The Reference Court had awarded compensation exceeding Rs. 2 crore, but only Rs. 1 crore had been deposited. The applicant argued that the entire amount should be allowed for withdrawal, while the acquiring body contended that the assessment was inappropriate. After considering the submissions and the Reference Court's reasoning, the Court permitted the applicant to withdraw Rs. 50 lakh upon furnishing a standard undertaking and an additional Rs. 25 lakh upon furnishing a solvent surety, with the condition that the amount may have to be redeposited if directed. The civil application was consequently disposed of on these terms.
Issues considered
- Whether the applicant is entitled to withdraw the amount deposited by the acquiring body under the award of the Reference Court
- Whether the Court can condition the withdrawal on an undertaking and a surety
Subjects
- civil procedure
- execution of award
- withdrawal of deposited amount
- compensation for trees
- surety
- undertaking
Judgment
2026:BHC-AUG:27486
939-ca-6118-2026.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 6118 OF 2026
IN FAST/18953/2025
Shri Mohan Mangu Rathod
VERSUS
The State Of Maharashtra
...
Advocate for Applicant : Mr. Nimbalkar Anirudha Arvind
AGP for Respondent/State : Mr. D.B. Bhange
Advocate for Respondent No.3 : Mr. B.R. Survase
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : JULY 10, 2026
PER COURT :-
1. Heard learned advocates appearing for respective parties.
2. The applicant seeks permission to withdraw amount
deposited by acquiring body as per award passed by Reference Court.
3. Mr. Survase, learned advocate appearing for acquiring
body submits that Reference Court has granted exponential
compensation towards trees. More than 354 lemon trees are shown
in area of 54 R and, therefore, assessment is inappropriate.
4. Mr. Nimbalkar, learned advocate appearing for applicant
although compensation amount payable as per award is more than 2
Crores, acquiring body has deposited only Rs. 1 Crore. In that view of
matter, entire amount be permitted to be withdrawn.
5. Considering submissions advanced by learned advocates
appearing for respective parties and reasoning adopted by Reference
Court, this Court find it appropriate that at present, applicant can be
939-ca-6118-2026.odt
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permitted to withdraw Rs. 50,00,000/- (Rupees Fifty Lakh) on
furnishing usual undertaking to satisfaction of Registrar (Judicial) and
additional Rs. 25,00,000/- (Rupees Twenty Lakh) on furnishing
solvent surety/security to satisfaction Registrar (Judicial) of this Court
that, in case this Court directs, applicant shall redeposit the amount.
6. Civil Application stands disposed of in aforesaid terms.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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