Bombay High Court

DIGAMBAR ANKAT PATIL DECEASED THROUGH LRS PADMABAI AND ORS.versusTHE AREA MANAGER MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION JALGAON, MIDC, JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The High Court modified the earlier order and permitted the withdrawal of the award amount with accrued interest.

Summary

The petition filed by the legal representatives of the deceased sought modification of the order dated 22‑08‑2016 passed by this Court and permission to withdraw the award amount in the name of petitioner No. 1/2. The application was heard and the court considered the averments made in the prayer clause ‘B’. The court allowed the modification of the earlier order and granted permission to withdraw the award amount together with accrued interest, subject to terms and conditions satisfactory to the Registrar Judicial. The order was disposed in favour of the petitioner. No statutes or precedents were cited, and the decision rests on the court’s inherent power to modify its own orders.

Issues considered

Whether the High Court can modify its earlier order dated 22‑08‑2016
Whether the petitioner may be permitted to withdraw the award amount with accrued interest

Subjects

civil procedure
modification of court order
award withdrawal
interest
High Court of Bombay

Judgment

2026:BHC-AUG:38579



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                              27 CIVIL APPLICATION NO. 9495 OF 2026
                                          IN FA/2163/2014

             DIGAMBAR ANKAT PATIL DECEASED THROUGH LRS PADMABAI AND ORS.
                                          VERSUS
                THE AREA MANAGER MAHARASHTRA INDUSTRIAL DEVELOPMENT
                     CORPORATION JALGAON, MIDC, JALGAON AND ORS.
                                             ...
                       Advocate for Applicant : Mr. Ghule-Patil Amol P.
                         AGP for Respondents/State : Mr. S.S. Dande
                                             ...
                                           WITH
                          CIVIL APPLICATION NO. 12211 OF 2014
                                      IN FA/2163/2014
                                           WITH
                           CIVIL APPLICATION NO. 8559 OF 2018
                                      IN FA/2163/2014
                                              …

                                 CORAM           : SIDDHESHWAR S. THOMBRE, J.
                                 Dated           : August 24, 2026

            PER COURT :-

            1.     Civil application No. 9495/2026 is filed for modifying the order dated

            22.8.2016 passed by this Court in CA No. 6799/2015 and also seeks

            permission to withdraw the award amount in the name of petitioner No. 1/2.

            2.     Heard the learned counsel for respective parties. Considering the

            averments made in the application, the application is allowed in terms of

            prayer clause ‘B’ and disposed of.

            3.     The applicants are permitted to withdraw the amount along with

            accrued interest thereon, on such terms and conditions to the satisfaction of

            the Registrar Judicial of this Court.



                                                        ( SIDDHESHWAR S. THOMBRE, J. )

            ssc/

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