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Bombay High Court

CHABABAI DEVIDAS WAHULE ALIAS VAVHALEversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court allowed the petitioner to withdraw the Rs.10,29,350 deposited by the respondents, together with interest.

Summary

The petitioner, Chababai Devidas Wahule, filed a civil application seeking the withdrawal of Rs.10,29,350 deposited by the State of Maharashtra in the High Court pursuant to earlier orders. The deposit related to a writ petition and a subsequent civil application, and the petitioner cited an e‑statement of an award dated 22‑02‑2022 as the basis for the withdrawal, including interest. The respondents, represented by the State, had not opposed the request. The Court examined the application and found no legal impediment to allowing the withdrawal. Consequently, the Court permitted the petitioner to withdraw the amount with interest and directed the necessary corrections to be made within two weeks.

Issues considered

  • What is the appropriate relief concerning the withdrawal of the amount deposited by the State in the Court?

Subjects

  • civil application
  • court deposit
  • withdrawal of funds
  • interest
  • award
  • State of Maharashtra

Judgment

2026:BHC-AUG:39590-DB


                                                     *1*                        ca-9492-2026


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                 CIVIL APPLICATION NO. 9492 OF 2026
                                          IN WP/2421/2026

                            Chababai Devidas Wahule Alias Vavhale
                                            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.10,29,350/- 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.10,29,350/- 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

                Narwade
                                  *2*                    ca-9492-2026


     purpose necessary orders.”

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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