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Bombay High Court

PANDIT GENA THAVAREversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the applicants may withdraw up to 75% of the deposited compensation subject to specified undertakings and surety, with the balance to be kept in a fixed deposit until final disposal.

Summary

The applicants sought to withdraw the compensation amount deposited by the acquiring body on 19.01.2026. The Court examined whether such withdrawal could be permitted and under what terms. It ordered that the applicants may withdraw 50% of the amount with accrued interest upon furnishing an undertaking satisfactory to the Registrar (Judicial), and an additional 25% upon furnishing a solvent surety satisfactory to the Registrar. The remaining 25% must be placed in a Fixed Deposit Receipt in a nationalized bank, renewed yearly, until the appeal is finally disposed. Accordingly, the civil application was disposed.

Issues considered

  • Whether the applicants are entitled to withdraw the compensation amount deposited by the acquiring body
  • What conditions, if any, should be imposed on the withdrawal of the deposited amount

Subjects

  • compensation
  • withdrawal
  • fixed deposit
  • surety
  • civil application

Judgment

2026:BHC-AUG:38141
                                                1                          987 CA 7785-2026.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             987 CIVIL APPLICATION NO. 7785 OF 2026
                              IN FIRST APPEAL (ST) NO. 8831 OF 2024

                           PANDIT GENA THAVARE AND OTHERS
                                        VERSUS
              THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD
                                    AT OSMANABAD

                                               …
             Mr. Madhav Jadhav h/f. Mr. A.S. More – Advocate for Applicant
             Ms. M.L. Sangit – AGP for Respondent No.1/State
                                               …

                                    CORAM           : MANJUSHA DESHPANDE, J.
                                    DATE            : 21.08.2026

             PER COURT :
             1.      This application has been filed by the applicants for withdrawal of

             the amount deposited by the acquiring body. The amount towards

             compensation has been deposited by the acquiring body on 19.01.2026.


             2.      In view of the amount deposited by the acquiring body, the

             applicants have filed the present application seeking withdrawal of the

             amount. The applicants/claimants are permitted to withdraw 50% of the

             amount, along with the interest accrued thereon till date, upon furnishing

             an undertaking to the satisfaction of the Registrar (Judicial) of this Court.

             The applicants are further permitted to withdraw 25% of the amount

             upon furnishing solvent surety to the satisfaction of the Registrar

             (Judicial) of this Court.
                                     2                       987 CA 7785-2026.odt


3.       The remaining amount shall be invested in a Fixed Deposit Receipt

(FDR) in any nationalized Bank, with yearly renewal, till the final

disposal of the appeal.


4.       The Civil Application is accordingly disposed of.




                                             [ MANJUSHA DESHPANDE, J. ]




Pooja Kale/


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