Bombay High Court
Shahaji Nagnath Gulve Died Through His Lrs and orsversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The claimants are entitled to withdraw the entire 50% of the deposited amount with interest, provided they give an undertaking and furnish a surety for the remaining 50%.
Summary
The claimants filed three civil applications seeking the withdrawal of an amount that had been deposited by the Acquiring Body following a stay order dated 21 February 2025. The Court had previously stayed the withdrawal pending the deposit of 50% of the amount. The claimants now requested the release of that 50% along with accrued interest, subject to providing an undertaking and a surety for the remaining half. The Court allowed the withdrawal of the entire 50% with interest, conditioned on the claimants giving a usual undertaking to the Registrar Judicial for the withdrawn amount and furnishing a surety for the balance 50%. Consequently, the applications were disposed of.
Issues considered
- What is the entitlement of claimants to withdraw the deposited amount subject to the conditions imposed by the Court?
Subjects
- civil application
- withdrawal of deposit
- stay order
- undertaking
- surety
- interest
- High Court of Bombay
Judgment
2026:BHC-AUG:38354
1 930-TO-932-CA-9457-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
930 CIVIL APPLICATION NO. 9457 OF 2026
IN FA/2024/2025
Shahaji Nagnath Gulve Died Through His Lrs And Ors
VERSUS
The State Of Maharashtra Through Collector Osmanabad At Osmanabad
AND
931 CIVIL APPLICATION NO. 9458 OF 2026
IN FA/2023/2025
Ahmad Chandsaheb Sayyad Died Through His Lrs And Ors
VERSUS
The State Of Maharashtra And Others
AND
932 CIVIL APPLICATION NO. 9459 OF 2026
IN FA/2025/2025
Ravindra Vaijinath Kathale
VERSUS
The State Of Maharashtra Thr. Collector Osmanabad Dist Osmanabad
...
Mr.More Abhijit S. for the Applicants.
Ms. Vaishali Chaudhar, AGP for the State in CA/9458/2026.
Ms. Preeti Diggikar, AGP for the State in CA/9459/2026.3
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
1. These Civil Applications are filed by the claimants seeking
withdrawal of amount deposited by the Acquiring Body by order dated
21st February, 2025, this Court has granted stay subject to deposit of 50%
Sunny Thote
2 930-TO-932-CA-9457-2026.odt
amount by the Acquiring Body. Upon deposit of the said amount the
present Applications are filed by the claimants for its withdrawal.
2. The Applications for withdrawal of amount is allowed. The
Applicants are allowed entire 50% of the amount along with the accrued
interest, subject to condition that the claimants will give usual
undertaking to the Registrar Judicial for 50% of the total amount that is
deposited by the Acquiring Body along. So far as the rest of the 50% is
concerned, the claimants shall furnish the surety to the Registrar Judicial.
3. In view of the above, these Civil Applications are disposed
off.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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