Bombay High Court
Madhukar Trimbak ChandaneversusExecutive Engineer NMC Aurangabad Presently known as Nandur Madmeshwar Irrigation Division
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The applicant may withdraw 50% of the deposited amount upon an undertaking and a further 25% upon furnishing a satisfactory surety, with the remainder to be invested in a nationalised bank.
Summary
The High Court of Bombay, Aurangabad Bench, entertained a civil application filed by the Ex. Engineer (NMC) Aurangabad (now N.M.I.D.) seeking to withdraw the amount that had been deposited by the Acquiring Body, Sunny Thote, pursuant to a stay order dated 28 March 2025. The Court held that the applicant may withdraw fifty percent of the deposited sum upon furnishing an undertaking before the Judicial Registrar, and may withdraw an additional twenty‑five percent upon furnishing a solvent surety satisfactory to the Registrar. The balance of the amount is to be invested in a nationalised bank for an appropriate period. Accordingly, the application was disposed with these conditions.
Issues considered
- What extent, if any, may the applicant withdraw the amount deposited by the Acquiring Body under the stay order?
Subjects
- civil application
- withdrawal of deposited amount
- stay order
- undertaking
- surety
- investment
- High Court
Judgment
2026:BHC-AUG:42587
1 907-FA-2400-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 FIRST APPEAL NO. 2400 OF 2026
The Ex. Engineer (NMC) Aurangabad Presently Know As N.M.I.D. Thr
G.M.I.D.C., Aurangabad
VERSUS
Madhukar Trimbak Chandane And Anr.
WITH
CIVIL APPLICATION NO. 8103 OF 2026
IN FA/2400/2026
Madhukar Trimbak Chandane
VERSUS
The Ex. Engineer (NMC) Aurangabad Presently Know As N.M.I.D. Thr
G.M.I.D.C., Aurangabad And Anr.
WITH
CIVIL APPLICATION NO. 5646 OF 2025
IN FA/2400/2026
The Ex. Engineer (NMC) Aurangabad Presently Know As N.M.I.D. Thr
G.M.I.D.C., Aurangabad & Anr.
VERSUS
Madhukar Trimbak Chandane And Anr
...
Mr.Nikhil P. Ghanwat for the Applicant in CA/8103/2026.
Ms.Vaishali Swami h/f Mr.Swami Mahesh Chandrashekhar for
Respondent No.1 in CA/8103/2026.
….
CORAM : MANJUSHA DESHPANDE, J.
DATE : 10.09.2026
PER COURT :
CIVIL APPLICATION NO. 8103 OF 2026
1. This Civil Application has been filed by the
Applicant/Claimant seeking withdrawal of the amount deposited by the
Sunny Thote
2 907-FA-2400-2026.odt
Appellant/Acquiring Body pursuant to the order dated 28 th March, 2025
passed by this Court, whereby the Acquiring Body was directed to deposit
the entire amount as a condition for grant of stay. In compliance with the
said order, the amount has been deposited by the Acquiring Body. The
Applicant/Claimant, therefore, seeks permission to withdraw the said
amount.
2. The Applicant shall be entitled to withdraw 50% of the
amount deposited upon furnishing an undertaking before the Registrar
(Judicial) of this Court and the Applicant shall also be entitled to
withdraw 25% of the amount upon furnishing solvent surety to the
satisfaction of the Registrar (Judicial) of this Court.
3. Rest of the amount shall be invested in any Nationalized
Bank for an appropriate period.
4. In view thereof, the Civil Application stands disposed of
accordingly.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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