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Bombay High Court

KISAN SAYJUBA DHAKARGE DEAD THR LRS RAOSAHEB K DHAKARGE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The court allowed the petitioner's application, permitting withdrawal of the deposited amount with interest as per the award.

Summary

The petitioner, Kisan Saijuba Dhakarge (deceased) through his legal representatives, filed a civil application seeking permission to withdraw Rs.6,58,784 that the State of Maharashtra had deposited in the High Court pursuant to earlier orders dated 7 April 2026 and 31 July 2026. The deposit was made in relation to writ petition No.2421 of 2026 and civil application No.7583 of 2026, based on an electronic award dated 22 February 2022. The court examined the petitioner's request and the supporting documentation, including the award annexure. It held that the petitioner was entitled to the withdrawal of the deposited amount along with interest, subject to the terms of the award. Accordingly, the court ordered that the amount be released to the petitioner's bank account and directed that necessary corrections be made within two weeks.

Issues considered

  • Whether the petitioner is entitled to withdraw the amount of Rs.6,58,784 deposited by the State of Maharashtra in the High Court under the earlier orders.

Subjects

  • withdrawal of court deposit
  • civil application
  • award
  • interest
  • High Court order

Judgment

2026:BHC-AUG:39714-DB


                                                     *1*                        ca-9494-2026


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                 CIVIL APPLICATION NO. 9494 OF 2026
                                          IN WP/2421/2026

                    Kisan Saijuba Dhakarge (Dead) Through Lrs Raosaheb K
                                     Dhakarge And Others
                                            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.6,58,784/- 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.6,58,784/- 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

                Narwade
                                  *2*                        ca-9494-2026


     to deposit in the bank account of the applicant and for that
     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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