Bombay High Court
CHANGDEO BHIVRAO BHANDWALKARversusThe State of Maharashtra Through the Collector Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
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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