Bombay High Court
YUVRAJ LAXMAN PATILversusTHE EX. ENGINEER, WAGHUR DAM DIVISION, JALGAON AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court ordered the Registry to release the remaining deposited amount with interest to the applicants, as the appeals had already been disposed.
Summary
The applicants filed multiple civil applications seeking leave to withdraw the balance of money deposited with the Court during the pendency of their appeals. The appeals had been disposed on 20 April 2026, and the Court had previously allowed withdrawal of 50% of the deposited amount upon an undertaking, while the remaining 50% required a solvency certificate which the applicants could not obtain. Consequently, the balance remained in the Court. The Court considered that, with the appeals already decided, retaining the funds served no purpose. It therefore directed the Registry to disburse the remaining amount, together with accrued interest, to the applicants within four weeks and discharged the securities. All the applications were consequently disposed.
Issues considered
- Whether the Court may order the release of the balance of deposited funds after the disposal of the appeals
- Whether the requirement of a solvency certificate remains enforceable after the appeals are concluded
Subjects
- civil procedure
- court deposits
- withdrawal of funds
- appeal disposal
- interest on court money
- registry order
Judgment
2026:BHC-AUG:26143-DB
6189.26ca etc
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
920-2 CIVIL APPLICATION NO. 6189 OF 2026
IN FA/2315/2020
SITARAM SENU PATIL.
VERSUS
THE EX. ENGINEER, WAGHUR DAM DIVISION, JALGAON
AND ORS.
WITH
CIVIL APPLICATION NO. 6186 OF 2026
IN FA/2314/2020
BHAURAO KADU BORSE
VERSUS
THE EX. ENGINEER, WAGHUR DAM DIVISION, JALGAON
AND ORS
WITH
CIVIL APPLICATION NO. 6185 OF 2026
IN FA/2313/2020
YUVRAJ LAXMAN PATIL
VERSUS
THE EX. ENGINEER, WAGHUR DAM DIVISION, JALGAON
AND ORS
WITH
CIVIL APPLICATION NO. 6187 OF 2026
IN FA/2312/2020
RAJANIBAI SITARAM PATIL.
VERSUS
THE EX. ENGINEER, WAGHUR DAM DIVISION, JALGAON
AND ORS.
…..
Mr Vijay B. Patil, Advocate for Applicants
Ms S. S. Joshi, AGP for Respondent Nos.3 to 5/State
…..
6189.26ca etc
(2)
CORAM : KISHORE C. SANT
AND
AJIT B. KADETHANKAR, JJ.
DATE : 02nd JULY 2026
PER COURT :-
1. All these applications are filed seeking leave to withdraw
the amount lying in this Court that was deposited by the
appellant/Acquiring Body during the pendency of the appeals.
2. The Appeals themselves have been disposed of on
20/04/2026. During the pendency of the appeals, the applicants were
permitted to withdraw 50%of the amount on furnishing undertaking to
the satisfaction of the learned Registrar (Judicial) of this Court.
Remaining 50% of the amount was permitted to be withdrawn upon
furnishing solvency/surety to the satisfaction of the learned Registrar
(Judicial) of this Court. The applicants have stated that, since they
could not produce/obtain a solvency certificate, they could not
withdraw the remaining 50% of the amount. Only amount that was
permitted to be withdrawn on undertaking could be withdrawn by the
applicants. Thus, remaining part of the amount is lying in this Court.
3. Considering that the appeals have already been disposed
of by the judgment dated 20/04/2026, in our opinion, no purpose
would be served by keeping the amount pending in this Court.
6189.26ca etc
(3)
4. In that view of the matter, the Registry is directed to
disburse the remaining amount, alongwith accrued interest, to the
present applicants, within a period of four weeks. All these
applications stand disposed of accordingly. The securities stand
discharged.
[AJIT B. KADETHANKAR, J.] [KISHORE C. SANT, J.]
sjk
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