Bombay High Court

SUNIL KUSHABA KADAM AND ANRversusEXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD (NOW UNDER THE MKVDC LTD, PUNE)

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the applicants are entitled to withdraw a further 25% of the deposited amount, subject to the usual undertaking and interest.

Summary

The applicants, Sunil Kushaba Kadam and another, sought liberty to amend the prayer clause of their earlier order by deleting the reference to a 50% withdrawal and instead requested permission to withdraw an additional 25% of the amount deposited by the acquiring body. The court had previously allowed the withdrawal of 50% of the deposited sum under an order dated 12 July 2024 in Civil Application No. 6502 of 2024. Relying on that precedent, the applicants argued that a further withdrawal should be permitted. The respondent Executive Engineer, represented by counsel, did not oppose the request, and the acquiring body’s advocate concurred with the applicants’ submission. The bench, after considering the earlier order and the lack of objection, allowed the further withdrawal, subject to the usual undertaking and interest on the withdrawn amount. The application was consequently allowed and disposed of.

Issues considered

Whether the court may permit the applicants to withdraw a further 25% of the amount deposited by the acquiring body after an earlier order allowing a 50% withdrawal.

Subjects

withdrawal of deposited amount
civil application
amendment of prayer clause
interest on withdrawn sum
court order

Judgment

2026:BHC-AUG:41265



                                                       1
                                                                        934-ca-9030-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                    CIVIL APPLICATION NO. 9030 OF 2026
                                               IN FA/205/2019

                                     Sunil Kushaba Kadam And Anr
                                                VERSUS
                       Executive Engineer, Medium Project Division, Osmanabad
                                   (now Under The Mkvdc Ltd, Pune)
                                                    ...
                     Mr. E. S. Murge, Advocate for Applicants
                     Mr. B. V. Virdhe, AGP for Respondent-State
                     Mr. A. R. Lukhe h/f Mr. A. S. Shelke, Advocate for Respondent
                     no.1
                                                   …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 04TH SEPTEMBER, 2026
                     P.C. :-

                     .         At the outset, liberty is sought to correct prayer clause

                     (B), thereby deleting the digits “50%”.

                     2.        Leave granted. Amendment be carried out forthwith.

                     3.        Pursuant to the orders passed by this Court, the

                     applicants have already withdrawn 50% of the amount

                     deposited by the acquiring body. Now, this successive

                     application seeking withdrawal of further 25% of the

                     deposited amount is filed. The reasons requiring the

                     withdrawal are stated in paragraph Nos. 6 to 8 of the

                     application.
                                    2
                                                     934-ca-9030-2026

4.      Mr. E. S. Murge learned Advocate for the applicants-

claimants relies upon the order dated 12.07.2024 passed by

this Court in Civil Application No. 6502 of 2024 in First

Appeal No.201 of 2019. He would submit that in the

connected matters this Court has granted permission to

withdraw further 25% of the amount.

5.      Mr. A. R. Lukhe h/f Mr. A. S. Shelke, learned Advocate

for the Acquiring Body fairly agrees to the said submission.

6.      In view of this, I pass the following order:

                                ORDER

        a.       Civil Application stands allowed.
        b.    The applicants are permitted to withdraw
        further 25% of the amount by furnishing the
        usual undertaking to the satisfaction of the
        learned Registrar (Judicial) of this Court.
        c.    Needless to mention, the permitted
        withdrawal shall carry the interest accrued
        thereon.
        d.       Civil Application stands disposed of.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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