Bombay High Court
DATATRAYA SHRIRANG MUNDHE AND ORSversusTHE G.M.I.D.C., THR THE EX. ENGINEER, BEED IRRIGATION DIVISION, BEED AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- RAJNISH R VYAS
Holding
The claimants are permitted to withdraw 12% of the balance of the deposited amount, subject to an undertaking to redeposit if the award is altered and to invest the withdrawn sum in a fixed deposit.
Summary
The applicants, who are original claimants, filed an application to withdraw the amount they had previously deposited as part of a compensation award. The High Court had earlier allowed them to withdraw 50% of the compensation with interest, but the order could not be finalized on that date. On the present application, the Court permitted the claimants to withdraw 12% of the remaining deposited amount, subject to an undertaking to redeposit the sum if the award is later set aside or modified. The withdrawn amount is to be invested in a three‑year fixed deposit with the State Bank of India, with renewal instructions, and the balance is to be transferred to the claimants' savings accounts. The Court also ordered that several related objections be tagged with the present appeal and disposed of the application.
Issues considered
- Whether the claimants are entitled to withdraw the balance of the deposited compensation pending final determination of the award
- Conditions that may be imposed on such withdrawal, including undertaking and investment requirements
Subjects
- withdrawal of compensation
- fixed deposit
- undertaking
- court order
- civil application
- High Court of Bombay
Judgment
2026:BHC-AUG:11803
(1) 999ca8089.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 8089 OF 2024
IN FA/2269/2024
DATATRAYA SHRIRANG MUNDHE AND ORS
.....Applicants
VERSUS
THE G.M.I.D.C., THR THE EX. ENGINEER, BEED IRRIGATION
DIVISION, BEED AND ORS
.....Respondent
Mr. A. M. Gaikwad, Advocate for the applicants
Mr. G. O. Wattamwar, AGP for the respondents/State
CORAM : RAJNISH R. VYAS, J.
DATE : 18th MARCH, 2026
PER COURT :
1. This is an application for withdrawal of the amount
preferred by the original claimant.
2. This court on 06-09-2024 has permitted the claimants to
withdraw 50% of the amount of compensation along with
proportionate interest. While deciding the aforesaid application,
several other applications in connected matters were also decided on
09-10-2025. Said order is tendered across the bar by the learned
Advocate for the claimants which is taken on record and marked ‘X’
for identification.
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(2) 999ca8089.24
3. Since on that day, the order in the present matter could
not be passed, same order is passed in the present application.
ORDER
(I) The applicants-claimants in respective appeals are
permitted to withdraw 12% of the balance of deposited
amount in respective appeals on furnishing undertaking
to the effect that in the event the award is set aside or
modified, the applicants-claimants shall re-deposit the
amount within eight weeks from the date of such order.
(II) After making payment to the extent of 12%
balance of deposited amount be invested in fixed deposit
with State Bank of India initially for a period of three
years with standing instructions to renew the same till
further orders from the court.
(III) Payment to be made to the applicants-claimants by
transferring the amount in their individual saving bank
accounts as per the particulars to be furnished by the
applicants.”
(iv) The application is disposed off.
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(3) 999ca8089.24
(v) The X-objection Nos. 35512/2024 in
FA/1811/2020, X Objection No. 35508/2024 in
FA1812/2020, X-Objection No.35510/2024 IN
FA/1813/2020 & X-Objection No. 35488/2024 in
FA/3232/2019 be tagged with the present appeal/s.
[RAJNISH R. VYAS, J. ]
VishalK/999ca8089.24
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