Bombay High Court
Rajendra Krishna ManeversusThe State of Maharashtra Through, Collector
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court held that the applicant may withdraw the full amount deposited as security for the stay, subject to an undertaking to the Registrar Judicial.
Summary
Rajendra Krishna Mane filed a civil application seeking the withdrawal of the entire amount deposited by the Acquiring Body as security for a stay granted by this Court. The stay had already been ordered, and the applicant relied on a prior decision (First Appeal No.445 of 2023, decided on 28 April 2021) where the Acquiring Body's appeal was partly allowed. The Court examined whether the deposited amount could be released now that the stay was in force and the earlier appeal had been decided. It held that the applicant could withdraw 100% of the amount upon furnishing an undertaking to the Registrar Judicial within two weeks. Consequently, the application was allowed, the amount was withdrawn, the pending appeal was listed for 4 September 2026, and the civil application was disposed of.
Issues considered
- Whether the Court may permit the withdrawal of the entire security deposit placed by the Acquiring Body after a stay has been granted
- Whether any conditions, such as an undertaking, are required for the withdrawal
Subjects
- civil procedure
- stay order
- security deposit
- withdrawal of amount
- appellate jurisdiction
Judgment
2026:BHC-AUG:38339
1 924-CA-6826-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 CIVIL APPLICATION NO. 6826 OF 2026
IN FAST/24375/2024
Rajendra Krishna Mane
VERSUS
The State Of Maharashtra Through, Collector
…
Mr.Shashikiran N. Patil for the Applicants.
Ms. Vaishali Chaudhar, AGP for the State.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
1. This application has been filed by the Claimant for
withdrawing the amount deposited by the Acquiring Body. The Acquiring
Body has deposited the compensation in this Court as a condition for
granting stay. Since the stay has already granted by this Court, hence the
claimant has moved this application for withdrawal of amount deposited
by the Acquiring Body.
2. The learned Advocate for the Applicant relies on the decision
in First Appeal No.445 of 2023 decided by this Court on 28 th April, 2021,
wherein the appeal filed by the acquiring body was partly allowed by this
Court. Therefore, he would submit that he may be allowed to withdraw
100% of the amount deposited by the Acquiring Body in this Court and
list the Appeal for final disposal on any further date. On the request of
Sunny Thote
2 924-CA-6826-2026.odt
the learned Advocate for the Applicant and considering that, already the
First Appeal filed by the Acquiring Body arising out of the same award
has been decided. The application for withdrawal of amount is allowed
to withdraw 100% amount upon submitting an undertaking to the
satisfaction of the Registrar Judicial of this Court within a period of two
weeks.
3. List the Appeal on 4th September, 2026.
4. The learned Advocate for the Appellant shall place on record
the list of dates and events so as to facilitate the disposal of the First
Appeal.
5. The Civil Application for withdrawal of amount is allowed
and disposed off.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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