Bombay High Court
BANUBEE SK KADAR AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AURANGABAD AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The application is allowed, permitting withdrawal of the specified amounts subject to surety and undertaking, with the balance to be kept in fixed deposit until final disposal.
Summary
The applicants sought permission to withdraw the balance of a compensation award of Rs.58,98,32,098/- previously ordered by the trial court, of which Rs.20,20,99,040/- had already been withdrawn. The High Court examined the request, noting that the full amount had not yet been deposited by the respondent CIDCO. The court allowed the application, permitting withdrawal of Rs.11,05,93,518/- (25% of the balance) upon furnishing a solvent surety, and the remaining Rs.1,90,87,996/- upon a usual undertaking. It directed that any undisbursed amount be kept in a fixed deposit in a nationalized bank until the appeal is finally disposed of. The order also stipulated that withdrawn amounts be deposited in the joint bank accounts previously ordered by the court, and the civil application was thereafter disposed off.
Issues considered
- Whether the applicants are entitled to withdraw the remaining balance of the compensation award pending full deposit by the respondent, and under what conditions.
Subjects
- compensation
- withdrawal
- surety
- fixed deposit
- civil application
- high court
- equity
Judgment
(1) 18-CA-7786-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
18 CIVIL APPLICATION NO. 7786 OF 2026
IN FA/2277/2024
Banubee Sk Kadar And Ors.
VERSUS
The State Of Maharashtra Through The Collector Aurangabad And Anr.
WITH
FIRST APPEAL NO. 2277 OF 2024
...
Mr. Harshwardhan A. Bajaj, Advocate for Applicants.
Mr. S. R. Yadav-Lonikar, AGP for Respondent-State.
Mr. Nitin Gangal (through VC) h/f Mr. S.V. Deshmukh, Advocate for
Respondent No.2.
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 03rd SEPTEMBER 2026.
PC :-
1. Heard the parties.
2. The total amount of compensation awarded by the trial Court was
Rs.58,98,32,098/- in the First Appeal. This Court has directed the
Respondent/CIDCO to deposit the amount as calculated in their
submissions. Out of this total amount Rs.20,20,99,040/- is already
withdrawn by the applicant/claimant on an undertaking.
3. This application is now filed to permit claimants to withdraw
remaining amount. Since the entire amount had not been deposited by
the time the first application for withdrawal was allowed, this
(2) 18-CA-7786-2026
application is now filed for permitting the applicants to withdraw further
amount. Hearing the argument of this Court, equity would be met by
passing following order:
ORDER
(i) Application stands allowed.
(ii) The applicants are permitted to withdraw the amount
of Rs.11,05,93,518/- i.e. 25% of the amount on furnishing
solvent surety/security to the satisfaction of the Registrar
(Judicial) of this Court.
(iii) Remaining amount of Rs.1,90,87,996/- is allowed to
be withdrawn on furnishing usual undertaking.
(iv) The remaining amount be deposited in Fixed Deposit
in any nationalized bank till final disposal of the appeal.
(v) The amount, subject to undertaking, be withdrawn
immediately on furnishing undertaking. The amount be
deposited in joint bank accounts of the applicants as stated
in paragraph or order dated 22/12/2025 passed by this
Court in CA/13104/2025 in FA/2277/2024.
(vi) With these, civil application stands disposed off.
[JITENDRA JAIN, J.] [KISHORE C. SANT, J.]
D.A.ETHAPE
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