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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award of Rs.58,98,32,098/- previously ordered by the trial court, of which Rs.20,20,99,040/- had already been withdrawn.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 The order also stipulated that withdrawn amounts be deposited in the joint bank accounts previously ordered by the court, and the civil application was thereafter disposed off.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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