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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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