Bombay High Court
SUNIL RAMCHAND ACHHPALversusTHE TEHSILDAR, THROUGH STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court held that the applicant may withdraw the deposited sum with interest as the deposit no longer serves any purpose and its withdrawal does not prejudice the respondent's right to proceed under the impugned notice.
Summary
The applicant had deposited Rs. 1,09,798 with the High Court in 2016 as security for an order that barred coercive steps against him based on a notice dated 30 July 2016. The civil application in which that order was passed was later disposed of in December 2018, with the court holding that substantive relief could not be granted in the disposed writ petition. The applicant now sought an interim order to withdraw the deposited amount with accrued interest, arguing that the writ petition had attained finality and the deposit no longer served any purpose. The respondent contended that allowing withdrawal would nullify the protection against coercive steps and revive the impugned notice. The court examined whether the withdrawal would affect the respondent’s right to enforce the notice and concluded that it would not, as the protection was already conditioned on the deposit which could now be returned. Accordingly, the court permitted the applicant to withdraw the sum with interest and directed the registrar to release the amount within two weeks, while leaving the applicant free to challenge the notice under the liberty previously granted.
Issues considered
- Whether the applicant is entitled to withdraw the sum deposited with the court after the underlying writ petition has attained finality.
- Whether withdrawal of the deposit would defeat the protection against coercive steps that was conditioned on the deposit.
- Whether the deposited amount continues to serve any legal purpose after the disposal of the civil application.
Subjects
- interim relief
- court deposit withdrawal
- coercive steps
- substantive relief
- writ petition
- civil application
- notice
- court order
Judgment
sr.907-ia-13745-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 13745 OF 2025
IN
CIVIL APPLICATION NO. 2327 OF 2016
IN
WRIT PETITION NO. 9334 OF 2013
Sunil Ramchand Achhpal .. Applicant/Petitioner
MANSI
DHANANJAY
SHELKE Versus
Digitally signed by
MANSI DHANANJAY
SHELKE
Date: 2026.08.12
The Tahsildar,
10:47:24 +0530
through State of Maharashtra .. Respondent
Adv. Karan Nichani a/w Adv. Yashita Desai i/b Adv. P. V. Nichani for
the Applicant/Petitioner.
Adv. Priyanka B. Chavan, AGP for Respondent-State.
CORAM: R.I CHAGLA &
FIRDOSH P. POONIWALLA, JJ.
DATE: AUGUST 11, 2026
P. C.
1. By this Interim Application, the Applicant has sought for
permission to withdraw the sum of Rs. 1,09,798/- along with interest
deposited in this Court and accrued interest.
2. The Applicant had deposited the aforesaid sum upon an Order
being passed by this Court. By this Order dated 28 th September, 2016, a
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direction had been issued to the Respondent that no coercive steps be taken
against the Applicant based upon the impugned Notice dated 30 th July, 2016.
This was in Civil Application No. 2327 of 2016. Thereafter, this Civil
Application came to be disposed of by a subsequent Order dated 6 th
December, 2018 passed by this Court on the ground that no such relief as
sought for in this Civil Application can be granted as it would amount to a
substantive relief being granted in a disposed of Writ Petition. This Court has
kept it open for the Applicant to adopt an appropriate remedy for challenging
the impugned notices.
3. The Applicant has sought the aforesaid relief of withdrawing this
deposited amount on the ground that there remains no dispute in the several
proceedings referred in the Interim Application, that the present Writ
Petition has attained finality, any Order passed in the Civil Application has
merged with the final order of the Writ Petition, that the amount deposited
with this Court merely to establish bonafides serves no purpose and it would
not be appropriate to keep the amount deposited with this Court indefinitely.
4. The Learned AGP appearing for the Respondent has submitted
that, in the event this Court is inclined to grant the relief sought for in the
Interim Application, the protection which had been granted to the Applicant
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by the said Order dated 28th September, 2016, namely, that no coercive steps
would be taken against the Applicant based upon the impugned notice dated
30th July, 2016 on condition of depositing of the said amount, would no
longer survive, and that the impugned notice will be taken to its logical
conclusion.
5. We have considered the submissions of the parties. The Interim
Application which seeks withdrawal of the aforesaid sum of Rs. 1,09,798/-
alongwith accrued interest, which have been deposited by the Applicant
pursuant to the Order dated 28th September, 2016, was in order for the
Applicant to secure protection, viz, for no coercive steps to be taken against
the Applicant based upon the impugned notice dated 30 th July, 2016.
Thereafter, the Civil Application, in which the said Order has been passed,
itself came to be disposed of by the subsequent Order dated 6 th December,
2018, by this Court holding that the relief of quashing of the impugned notice
issued subsequently on 30th July, 2016 cannot be granted in a disposed of
Petition as it would amount to a substantive relief being granted. The
Applicant, though having been granted liberty to adopt an appropriate
remedy for challenging the impugned notice, has chosen not to do so. In that
view of the matter, the relief sought in the Interim Application upon being
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granted, cannot come in the way of the Respondents proceeding against the
Applicant in respect of the impugned notice dated 30th July, 2016.
6. We accordingly allow the present Interim Application. The
Applicant is permitted to withdraw the said sum of Rs. 1,09,798/- along with
accrued interest deposited with this Court. The Registrar is accordingly
directed to release the said sum of Rs. 1,09,798/-, along with the accrued
interest till realisation, to the Applicant, within a period of two weeks from
today. The Applicant is at liberty to challenge the impugned Notice dated 30 th
July, 2016 as per the liberty already granted vide Order dated 6 th December,
2018 passed by this Court.
7. Interim Application is accordingly disposed of.
[FIRDOSH P. POONIWALLA, J.] [R. I. CHAGLA, J.]
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