Bombay High Court
DNYANOBA KONDIBA SARODE ALIAS DNYANDEV KONDIBA SARVADEversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court allowed the civil application, permitting the petitioner to withdraw the deposited amount with interest.
Summary
The petitioner, Dnyanoba Kondiba Sarode, filed a civil application seeking the withdrawal of Rs.1,44,109 deposited by the State of Maharashtra in the High Court pursuant to earlier orders. The application relied on an E‑statement of an award dated 22‑02‑2022 and requested the amount with interest to be credited to the petitioner’s bank account. The Court examined the prayer and the supporting documents and found no impediment to the withdrawal. Consequently, the Court allowed the application, directing that the amount and interest be released to the petitioner. The order also directed that necessary corrections be made within two weeks.
Issues considered
- What is the appropriate relief when a party seeks withdrawal of an amount deposited by the opposite party in the Court?
- Whether the petitioner is entitled to the principal amount along with interest as per the award.
Subjects
- Civil Procedure
- High Court
- Court Deposit
- Withdrawal of Funds
- Interest
Judgment
2026:BHC-AUG:39593-DB
*1* ca-9489-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 9489 OF 2026
IN WP/2421/2026
Dnyanoba Kondiba Sarode Alias Dnyandev Kondiba Sarvade
VERSUS
The State Of Maharashtra Through The Secretary And Others
…
Mr. D. K. Thote, Advocate for Applicant
Ms. N. B. Kamble, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI &
ABASAHEB D. SHINDE, JJ.
DATE : 29th AUGUST 2026
P. C. :-
1. Heard.
2. By this Civil Application, the applicant/petitioner is
seeking withdrawal of amount of Rs.1,44,109/- deposited by the
respondents in this Court pursuant to order dated 07.04.2026 as
well as order dated 31.07.2026 passed in Civil application
No.7583 of 2026.
3. For the reasons stated in the Civil Application, the same is
allowed in terms of prayer Clauses B, which reads thus :-
B. The applicant may kindly be permitted to withdraw of the
amount of Rs.1,44,109/- deposited by the respondents in this
Hon’ble Court in writ petition No.2421 of 2026 vide order dated
07.04.2026 and civil application No.7583 of 2026 vide order
dated 31.07.2026 as per the E-statement of an award dated
22.02.2022 (Annexure B Colly) along with the interest there on
to deposit in the bank account of the applicant and for that
purpose necessary orders.”
Narwade
*2* ca-9489-2026
4. Necessary corrections be carried out within a period of
two (2) weeks from today.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
Narwade
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