Bombay High Court
VASANT NIVRUTTI CHAUDHARIversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- DISPOSED OFF
- Bench
- SANJAY A DESHMUKH
Holding
The claimants are permitted to withdraw the entire amount deposited by the appellant, together with accrued interest.
Summary
The claimants, represented by Mr. Krishna G. Narwade, sought to withdraw the sum deposited by the appellant in the High Court pending the resolution of the impugned judgment and award. Applications to add parties were dismissed for default as the acquiring body’s counsel was absent. The claimants then filed applications for withdrawal of the deposited amount, which were opposed by the State’s AGP counsel. The court considered the arguments of both sides and noted that the first appeals had been disposed of. Accordingly, the court ordered that the claimants may withdraw the entire deposited amount together with accrued interest, thereby disposing of the withdrawal applications.
Issues considered
- Whether the claimants are entitled to withdraw the amount deposited by the appellant in the Court pending the disposal of the appeal
- Whether interest is payable on the withdrawn amount
Subjects
- withdrawal of court deposit
- civil application
- interest on deposited amount
- High Court of Bombay
- default dismissal
Judgment
2026:BHC-AUG:10299
1 18-ca.6560.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
18 CIVIL APPLICATION NO. 6560 OF 2017
IN FA/441/2005
VASANT NIVRUTTI CHAUDHARI
VERSUS
THE STATE OF MAHARASHTRA AND ANR
...
Advocate for Claimants : Mr. Krishna G. Narwade, h/f Mr. A. B. Kale.
AGP for Respondent / State : Mr. S. G. Joshi.
Advocate for Acquiring Body : Mr. M. S. Deshmukh. (Absent)
...
WITH
CIVIL APPLICATION NO. 2258 OF 2006
IN FA/441/2005
WITH
CIVIL APPLICATION NO. 2248 OF 2006
IN FA/430/2005
WITH
CIVIL APPLICATION NO. 524 OF 2010
IN FA/441/2005
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 09th March, 2026.
P.C.:
1 Heard the learned counsel for the parties. Perused the
applications.
Applications for adding parties.
2 The learned counsel for the applicants / acquiring body is
absent. These applications are dismissed for default.
2 18-ca.6560.17.odt
Applications for withdrawal of amount:
3 These applications are for withdrawal of the amount deposited
by the appellant in this Court as per the impugned judgment and
award.
4 The learned AGP counsel for the State strongly opposes the
application.
5 For the reasons stated in the application and considering the
arguments of the learned counsel for claimants and the learned AGP
as well as the first appeals are disposed of, the following order is
passed :-
ORDER
I. The applicants / claimants are permitted to withdraw
entire amount deposited by the appellant in this Court,
with accrued interest thereon.
II. With this, the civil applications for withdrawal of amount
stand disposed of.
[ SANJAY A. DESHMUKH, J. ]
nga
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