Bombay High Court
MOTIRAM S/O RAJARAM DHARPHEversusThe Union of India Through the General Manager, Central Railway, Mumbai
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court allowed the withdrawal of the entire amount deposited by the Union of India along with accrued interest.
Summary
Motiram filed a civil application in the High Court of Bombay seeking withdrawal of an amount that the Union of India, as appellant, had been ordered to deposit as interim relief. The Court had previously directed the Union to deposit the entire sum within six weeks, which the Union complied with. The applicant, through counsel Shelke Manoj Uttamrao, relied on earlier orders in connected matters that allowed similar withdrawals. The issue before the Court was whether the applicant could be permitted to withdraw the deposited amount along with accrued interest. Finding no legal obstacle and consistent with the precedent, the Court ordered that the entire amount and interest be released to the applicant, thereby allowing the application and disposing of it.
Issues considered
- Whether the applicant is entitled to withdraw the amount deposited by the Union of India along with accrued interest
Subjects
- withdrawal of amount
- interim relief
- civil application
- High Court of Bombay
- Union of India
- deposit of money
Judgment
2026:BHC-AUG:39283
1 931-CA-8534-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
931 CIVIL APPLICATION NO. 8534 OF 2026
IN FA/1841/2025
Motiram S/o Rajaram Dharphe
VERSUS
The Union of India Through The General Manager, Central Railway,
Mumbai
...
Shelke Manoj Uttamrao for the Applicant.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 28.08.2026
PER COURT :
1. This Civil Application is filed for withdrawal of amount by
the claimant. The First Appeal is filed by the Union of India. This Court
while granting interim relief has directed the Appellant to deposit the
entire amount within a period of six weeks vide order dated 13 th
February, 2026.
2. It is submitted that an amount has been accordingly
deposited by the Appellant/Acquiring Body in this Court. The learned
Advocate for the Applicant relies upon the orders passed by this Court in
the connected matters, wherein applications seeking withdrawal of the
amount have been allowed.
3. Hence, the similar order can be passed even in the present
application. The Applicant are permitted to withdraw the entire amount
Sunny Thote
2 931-CA-8534-2026.odt
deposited by the Appellant/Acquiring Body in this Court along with
accrued interest on usual undertaking to the Registrar (Judicial) of this
Court.
4. In view of the above, the Civil Application for withdrawal of
amount is allowed and accordingly disposed off.
[ MANJUSHA DESHPANDE, J. ]
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