Bombay High Court
Lahu So Parbata Dudhal and Anr.versusThe Union Of India The General Manager, Central Railways and Ors.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court allowed the applicants to withdraw 50% of the deposited amount with interest upon an undertaking and 25% with interest upon a satisfactory surety, with the remainder to be invested in a nationalised bank.
Summary
The applicants filed a civil application seeking withdrawal of an amount deposited by the acquiring body, alleging that the acquiring body’s counsel failed to appear despite multiple listings. The acquiring body had deposited the full amount on 9th and 24th April 2026. The Court held that, in view of the deposit, the applicants could withdraw 50% of the amount with accrued interest upon furnishing an undertaking to the Registrar, and an additional 25% with interest upon furnishing a solvent surety satisfactory to the Registrar. The balance of the amount was ordered to be invested in a nationalised bank for an appropriate period. The civil application was consequently disposed of, and a first appeal was listed for admission on 5th October 2026.
Issues considered
- What entitlement, if any, do the applicants have to withdraw the amount deposited by the acquiring body?
- What conditions must be satisfied for partial withdrawal of the deposited amount?
Subjects
- civil application
- withdrawal of deposited amount
- interest
- surety
- procedural default
- court order
Judgment
2026:BHC-AUG:41412
1 971-CA-8102-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
971 CIVIL APPLICATION NO. 8102 OF 2026
IN FA/702/2026
Lahu So Parbata Dudhal And Anr.
VERSUS
The Union Of India The General Manager, Central Railways And Ors.
...
Mr. Khade Kishor D. for the Applicants.
Dr.Kalpalata Patil Bharaswadkar, Addl. G.P. for the Respondent/State.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 04.09.2026
PER COURT :
1. This Civil Application has been filed by the
Applicants/Claimants seeking withdrawal of the amount. It is submitted
that, at the time of circulation of the matter, the learned Advocate
appearing for the Acquiring Body was duly intimated about the listing of
the matter. However, none appears for the Acquiring Body, despite the
matter having been listed on several earlier occasions.
2. The Acquiring Body has deposited the entire amount
payable, which has been deposited on 9th April, 2026 and 24th April,
2026.
3. In view of the amount deposited by the Acquiring Body, the
Applicants are allowed to withdraw 50% of the amount alongwith
accrued interest, upon furnishing the usual undertaking to the Registrar
(Judicial) of this Court and 25% of the amount, alongwith accrued
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2 971-CA-8102-2026.odt
interest, upon furnishing solvent surety to the satisfaction of the Registrar
(Judicial) of this Court.
4. The remaining amount shall be invested in a Nationalised
Bank for an appropriate period.
5. The Civil Application stands disposed off.
6. List the First Appeal for admission on 5th October, 2026.
[ MANJUSHA DESHPANDE, J. ]
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