Bombay High Court

Mahadeo Nivrutti Bhore and OrsversusThe Executive Engineer

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court allowed the claimants to withdraw 75% of the deposited amount under specified conditions and ordered the balance to be kept in a nationalized bank.

Summary

The claimants filed a civil application seeking withdrawal of an amount that the acquiring body had deposited following a court order dated 12.01.2026. The acquiring body complied and deposited the sum on 28.05.2026, prompting the claimants to request its release. The Court held that the claimants could withdraw 50% of the deposited amount with accrued interest upon giving an undertaking to the Judicial Registrar, and an additional 25% with accrued interest upon furnishing a surety satisfactory to the Registrar. The remaining 25% must be kept in a nationalized bank. The application was consequently disposed of.

Issues considered

What extent, if any, are the claimants entitled to withdraw the amount deposited by the acquiring body?

Subjects

withdrawal of deposit
civil application
interest
surety
nationalized bank
High Court of Bombay
procedural order

Judgment

2026:BHC-AUG:40824


                                                 1                       1029.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 8810 OF 2026
                                     IN FAST/30571/2024
                          MAHADEO NIVRUTTI BHORE AND ORS
                                            VERSUS
                                 THE EXECUTIVE ENGINEER
                                                ...
                       Advocate for Applicants : Mr. Doke Kishor Rishikesh
                     Advocate for Respondent No. 1 : Mr. Radhakrushna Ingole
                     AGP for Respondent Nos. 2 & 3 : Ms. Vaishali Chaudhari
                                                …

                                        CORAM : MANJUSHA DESHPANDE, J.

                                        DATE     : 03rd SEPTEMBER, 2026


              PER COURT :

              1.          The Application is filed by the Claimants for withdrawal of

              amount deposited by the Appellant / acquiring body.


              2.          The Appellant / acquiring body has been directed to deposit

              the entire amount vide order dated 12.01.2026. The amount is deposited

              by the acquiring body on 28.05.2026. Hence, the Application is filed for

              withdrawal of the same.


              3.          The Claimants are allowed to withdraw 50% of the amount

              with accrued interest upon giving an undertaking to the Registrar

              (Judicial), and 25% with accrued interest upon giving a surety to the
                                    2                       1029.odt


satisfaction of the Registrar (Judicial). The remaining 25% of the amount

shall be deposited in any nationalized bank.


4.          Civil Application stands disposed of.




                                    ( MANJUSHA DESHPANDE, J. )




SPC

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