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Bombay High Court

PRAKASH MAHADU MULE.versusTHE EXECUTIVE ENGINEER, IRRIGAION PROJECT STRENGTHENING DIVISION, OMERGA, OSMANABAD AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the petitioners are entitled to withdraw the deposited amount with accrued interest, subject to conditions approved by the Registrar Judicial.

Summary

The petitioners filed civil applications seeking the withdrawal of amounts deposited by the respondents. The applications alleged that the deposited sums, along with accrued interest, should be released to the petitioners. The court heard counsel for both sides and, based on the averments in the applications, found no impediment to the withdrawal. It allowed the applications in accordance with prayer clause ‘B’ and ordered that the petitioners may withdraw the principal amount together with interest, subject to terms satisfactory to the Registrar Judicial. The matter was thereafter disposed.

Issues considered

  • Whether the petitioners are entitled to withdraw the amount deposited by the respondents along with accrued interest

Subjects

  • civil procedure
  • withdrawal of deposit
  • interest
  • court order

Judgment

2026:BHC-AUG:38584



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                              28 CIVIL APPLICATION NO. 9538 OF 2026
                                          IN FA/3881/2017

                                     SHEKAPPA MAHADU MULE.
                                              VERSUS
                   THE EXECUTIVE ENGINEER, IRRIGAION PROJECT STRENGTHENING
                            DIVISION, OMERGA, OSMANABAD AND ORS.
                                                 ...
                           Advocate for Applicant : Mr. Patil Nileshsingh J.
                             AGP for Respondent/State : Mr. D.R. Korde
                            Advocate for Respondent 1 : Mr. S.G. Sangle
                                                 ...
                                               WITH
                               CIVIL APPLICATION NO. 9539 OF 2026
                                          IN FA/3883/2017
                                               WITH
                               CIVIL APPLICATION NO. 9540 OF 2026
                                          IN FA/3880/2017
                                                 …

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

            PER COURT :-

            1.      Civil Applications are filed for withdrawal of amount deposited by the

            respondents.

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

            averments made in the applications, the applications are allowed in terms of

            prayer clause ‘B’ and disposed of.

            2.      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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