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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.

                                               ----
            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
                                               ----

                                      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.]
                                ………..


KBP


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