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Bombay High Court

PRALAHAD NAGAPPA BANDPATTE DIED THR, LRS. VATSALABAI (ABATED) AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR OSMANABAD AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The claimants may withdraw 75% of the deposited award amount—50% on a regular undertaking and 25% on solvent security—while the remaining 25% must be kept in a fixed deposit until the appeal is finally decided.

Summary

The legal heirs of the deceased applied to withdraw the amount deposited by the Acquiring Body under an award dated 20 March 2018. The Acquiring Body had appealed the award and deposited the full award amount with the court. Relying on a prior order (22 January 2025) that allowed claimants to withdraw 75% of such deposits, the court permitted the claimants to withdraw 50% upon furnishing a regular undertaking and an additional 25% upon providing solvent security satisfactory to the Registrar. The remaining 25% of the deposited amount was ordered to be kept in a fixed deposit in a nationalised bank, to be renewed until the appeal is finally disposed. The civil application was therefore allowed and disposed.

Issues considered

  • Whether the claimants are entitled to withdraw the entire amount deposited under the award or only a portion.
  • What conditions (undertaking or security) must be satisfied for withdrawal of the deposited amount.
  • What is the appropriate treatment of the balance amount pending final disposal of the appeal.

Subjects

  • award withdrawal
  • undertaking
  • security
  • fixed deposit
  • civil application
  • inheritance
  • award enforcement

Judgment

2026:BHC-AUG:31304
                                                                       23ca7805-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 7805 OF 2026
                                    IN FAST/20878/2020

                 Pralahad Nagappa Bandpatte Died Thr, Lrs. Vatsalabai (abated)
                                            And Ors.
                                            VERSUS
               The State Of Maharashtra Through The Dist Collector Osmanabad
                                            And Ors.
                                               …
            Mr. Patil Laxmikant C., Advocate for Applicants
            Mrs. M. L. Sangit, AGP for the Respondents-State
            Mr. Sudhir G. Bhalerao, Advocate for Respondent No.3

                                  CORAM : NEERAJ P. DHOTE, J.
                                    Dated : 27th July, 2026
            PER COURT :-

            1.       This is an Application by the Respondents/Claimants/Legal

            heirs of deceased claimants for withdrawal of the amount deposited by

            the Acquired Body. The Appeal is preferred by the Acquiring Body

            against the Award dated 20.03.2018 in L.A.R. No. 201 of 2012. The

            Acquiring Body has deposited the entire amount under the Award

            before this Court.


            2.       Copy of the order dated 22.01.2025, which is tendered across

            the Bar by the learned Advocate for the Applicants, shows that, in the

            similar matter, this Court permitted the Claimants therein to withdraw

            75% amount under the Award, out of which, 50% was permitted to be

            withdrawn on furnishing regular usual undertaking and permitted

            withdrawal of 25% on furnishing solvent security/surety to the


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           satisfaction of the Registrar (Judicial) of this Court, with accrued

           interest.


           3.          In view of the above, the Application is allowed in terms of

           the order dated 22.01.2025 in Civil Application No.7774/2024. The

           Applicants/claimants are permitted to withdraw 75% out of the amount

           deposited by the Acquiring Body under the Award along-with interest

           accrued thereon as follows:


           (i)         50% is permitted to be withdrawn on furnishing regular/usual

                       undertaking.


           (ii)        25% is permitted to be withdrawn on furnishing solvent

                       security/surety to the satisfaction of the Registrar (Judicial) of

                       this Court.


           4.          Remaining 25% amount be invested in Fixed Deposit in any

           Nationalized Bank, which would be renewed from time to time till the

           Appeal is finally disposed of.


           5.          The Civil Application stands disposed of.




                                                               ( NEERAJ P. DHOTE, J.)
JPChavan




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