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Bombay High Court

NARSING CHANDAR YECHWADversusTHE STATE OF MAHARASHTRA AND ORS

Disposal
DISPOSED OFF

Holding

The court held that the applicants are entitled to withdraw the remaining amount deposited by the acquiring body in the Reference Court along with accrued interest.

Summary

The claimants filed a civil application seeking permission to withdraw the remaining amount that the acquiring body had deposited in the Reference Court. The State of Maharashtra and other respondents opposed the request. The acquiring body’s counsel submitted that the amount, along with accrued interest, was available for withdrawal. After hearing both sides, the court considered the application and the arguments presented. It ordered that the applicants may withdraw the remaining deposited amount with interest and consequently disposed of the civil application.

Issues considered

  • Whether the applicants are entitled to withdraw the remaining amount deposited by the acquiring body in the Reference Court, together with accrued interest?

Subjects

  • withdrawal of deposit
  • reference court
  • civil application
  • accrued interest
  • court order

Judgment

2026:BHC-AUG:16904


                                                      1                           903 ca.7466.17.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                   BENCH AT AURANGABAD.
                              903 CIVIL APPLICATION NO. 7466 OF 2017
                                          IN FA/1479/2012

                             NARSING CHANDAR YECHWAD AND ANOTHER
                                             VERSUS
                               THE STATE OF MAHARASHTRA AND ORS

                                                   ...
              Mr. Vikas G. Kodale, Advocate for Claimants / Applicants
              Ms. Anuradha S. Mantri, AGP for Respondents / State & LAO.
              Mr. Manish N. Navandar, Advocate for Acquiring Body.
                                                   …


                                               CORAM : SANJAY A. DESHMUKH, J.
                                               DATE       :   18th April, 2026.

              P.C.:

              1       Heard the learned counsel for the parties.             Perused the

              application.


              2       This application is for withdrawal of the remaining amount.


              3       The learned counsel for the acquiring body submits that the

              remaining amount has been deposited in the Reference Court.


              4       The first appeals filed by the acquiring body and the claimants

              have been disposed of today by separate order.


              5       For the reasons stated in the application and considering the

              arguments of both the sides, the following order is passed :-
                                         2                          903 ca.7466.17.odt


                                  ORDER


      I.     The applicants are permitted to withdraw the remaining
             amount deposited by the acquiring body in the
             Reference Court, with accrued interest thereon.


      II.    With this, the civil application stands disposed of.


      III.   The concerned to act upon an authenticated copy of this
             order.



                                         [ SANJAY A. DESHMUKH, J. ]
nga


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