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Bombay High Court

CHANGDEO BHIVRAO BHANDWALKARversusThe State of Maharashtra Through the Collector Osmanabad

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the applicant to withdraw the entire deposited amount with interest upon furnishing an undertaking.

Summary

The applicant, Changdeo Bhivrao Bhandwalkar, sought permission to withdraw the amount deposited by the acquiring body pursuant to an award of a reference court. Relying on a prior order dated 09.08.2023 in Civil Application No. 5737 of 2023 (First Appeal No. 2776 of 2021), the applicant argued that similar permission should be granted. The acquiring body opposed, contending that the appeal had merit and that withdrawal could prejudice recovery if the appeal succeeded. The court noted that in sister appeals it had allowed withdrawal upon furnishing an undertaking, and observed that 75% of the awarded amount had already been deposited. Accordingly, the court permitted the applicant to withdraw the entire deposited amount with accrued interest, subject to an undertaking to the Registrar (Judicial). The civil application was disposed of.

Issues considered

  • Whether the applicant is entitled to withdraw the amount deposited by the acquiring body pending the outcome of the appeal.
  • Whether an undertaking suffices as security for the withdrawal of the deposited amount and interest.

Subjects

  • withdrawal of deposited amount
  • acquisition
  • court award
  • undertaking
  • interest
  • civil application
  • high court

Judgment

2026:BHC-AUG:25633
                                                                         1024-ca-6239-2026.odt
                                                    (1)


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                  CIVIL APPLICATION NO. 6239 OF 2026
                                            IN FA/1656/2025

                                     Changdeo Bhivrao Bhandwalkar
                                                  VERSUS
                       The State Of Maharashtra Through The Collector Osmanabad
                                                     ...
                     Advocate for Applicant : Mr. Madhav Jadhav h/f Mr. More Abhijit S
                                AGP for Respondent/State : Mr. S.K. Shirse
                      Advocate for Respondent No.3 : Mr. D.R. Jethliya (through V.C.)
                                                     ...
                                               CORAM : S. G. CHAPALGAONKAR, J.
                                                DATED : JULY 02, 2026

                 PER COURT :-

                 1.            The applicant seeks permission to withdraw amount

                 deposited by acquiring body in pursuance to award passed by

                 Reference Court.

                 2.            Learned advocate appearing for applicant relying upon

                 order dated 09.08.2023 passed in Civil Application No.5737 of 2023

                 in First Appeal No.2776 of 2021 submits that this Court permitted

                 those applicants to withdraw entire amount deposited by acquiring

                 body. The said matter is also pertaining to Seena Kolegaon Project in

                 File No.2009/LNQ/CR/24, therefore, similar course can be followed

                 in present matter.

                 3.            Mr. Jethliya, learned advocate appearing for acquiring

                 body vehemently opposes for permitting withdrawal of entire amount.

                 According to him, there are good grounds in appeal and in case of

                 success, acquiring body may not be in a position to recover amount.
                                                         1024-ca-6239-2026.odt
                                    (2)


4.           Having considered submissions advanced by learned

advocates appearing for respective parties, this Court finds that in

sister appeals, this Court has taken a view that applicants can be

permitted to withdraw amount deposited on furnishing undertaking.

Apparently, acquiring body has deposited 75% of awarded amount.

5.           In that view of matter, application is allowed. Applicant

is permitted to withdraw entire amount deposited by acquiring body

along with accrued interest, subject to furnishing an undertaking to

satisfaction of Registrar (Judicial) of this Court.

6.           Civil Application stands disposed of.




                                          (S.G. CHAPALGAONKAR, J.)




Mujaheed//


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