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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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