Bombay High Court
AMARSING GOVINDSING RATHOD DEAD THR HIS LRS VISHNU AMARSING RATHOD AND ORSversusTHE 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, Amarsing Govindsing Rathod (deceased) through his legal representatives, filed a civil application seeking the withdrawal of Rs.4,11,740 deposited by the State of Maharashtra in the High Court. The deposit had been made pursuant to an order dated 07.04.2026 and a subsequent order dated 31.07.2026 in a related civil application. The petitioner relied on an e‑statement of an award dated 22.02.2022, asserting entitlement to the amount plus interest. The Court examined the application and the supporting award, finding the petitioner’s claim to be substantiated. Accordingly, the Court allowed the application, directing that the amount be released to the petitioner’s bank account. The Court also ordered that necessary corrections be made within two weeks.
Issues considered
- Whether the petitioner is entitled to withdraw the amount deposited by the State in the Court based on the award dated 22.02.2022
Subjects
- Civil application
- Withdrawal of court deposit
- Award enforcement
- High Court procedural order
- Interest on deposited amount
Judgment
2026:BHC-AUG:39946-DB
*1* ca-9498-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 9498 OF 2026
IN WP/2421/2026
Amarsing Govindsing Rathod Dead Through His Lrs Vishnu
Amarsing Rathod 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.4,11,740/- 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.4,11,740/- 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-9498-2026
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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