Bombay High Court
BHIMRAO YADAV KOLI (DIED) THR LRS LAXMIBAI DIED THR LRS ARJUN AND ORS.versusTHE EX. ENGINEER, MINOR IRRIGATION DIV. JALGAON AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The application for withdrawal of the deposited award amount was allowed and the funds were ordered to be transmitted to the appropriate lower court for the petitioners to collect.
Summary
The petitioners, the legal representatives of the deceased Bhimrao Yadav Koli, filed an application seeking the withdrawal of an award amount that had been deposited by the acquiring body in the High Court. The petitioners argued that the first appeal (No. 3588 of 2023) had already been disposed of, and therefore there was no legal obstacle to releasing the funds. The court noted that the entire payable award amount, along with accrued interest, was already in its possession. Consequently, the court ordered that the amount be transmitted to the Civil Judge, Senior Division, Jalgaon, and permitted the petitioners to withdraw it upon satisfactory proof of identity to the registrar. The application was thereafter disposed of.
Issues considered
- Whether an application for withdrawal of an award amount deposited in the High Court can be entertained after the related appeal has been disposed of
- Whether any procedural impediment exists to the remittance and withdrawal of the deposited funds
Subjects
- withdrawal of award
- civil procedure
- remittance of funds
- High Court order
- execution of decree
Judgment
2026:BHC-AUG:39690
20-ca9844.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 9844 OF 2026
IN FA/3588/2023
Bhimrao Yadav Koli (died) Thr Lrs Laxmibai Died Thr Lrs Arjun And Ors.
VERSUS
The Ex. Engineer, Minor Irrigation Div. Jalgaon And Ors.
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Mr.B.K.Pawar h/f. Mr.A.B.Kale, Advocate for applicants
Mr.Pratik Borge h/f. Mr.A.D.Pawar, Advocate for respondent nos.1 and 2
Mr.A.V.Lavte, advocate for respondent nos.3 and 4
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CORAM : AJIT B. KADETHANKAR, J.
DATE : AUGUST 29, 2026
ORDER :-
This application is filed by the claimants for withdrawal of
the amount deposited by the acquiring body.
2. Learned counsel for the parties submit that First Appeal
No.3588 of 2023 is already disposed of. The acquiring body has
deposited the entire payable award amount in this court.
3. In view of the above, there could be no impediment in
allowing this application. Hence, I pass following order:-
ORDER
(i) At the request of learned advocate for the applicants, the
amount deposited by the acquiring body in this court be transmitted to
2 20-ca9844.2026
the court of learned Civil Judge, Senior Division, Jalgaon, together
with accrued interest.
(ii) On such remittance, the applicants be permitted to
withdraw the amount by convincing the Registrar/Superintendent of
the concerned court on the point of their identity.
(iii) The application stands disposed of.
[AJIT B. KADETHANKAR, J.]
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KBP
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