Bombay High Court
Vishwas Balkrishna NashikkarversusYashoda Motilal Bafna DECEASED
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the applicant may withdraw the deposited amount with accrued interest despite the respondent's death.
Summary
The applicant, Vishwas Balkrishna Nashikkar, filed an interim application seeking withdrawal of an amount that had been deposited by the respondent, Yashoda Motilal Bafna, pursuant to a prior court direction. The respondent's counsel argued that the respondent was deceased and therefore the application should be dismissed. The Court examined the fact that the deposit had been made under its earlier order and considered the effect of the respondent's death on the entitlement to the deposited sum. It held that the applicant could withdraw the deposited amount along with any accrued interest. Consequently, the interim application was allowed and disposed of.
Issues considered
- Whether the applicant is entitled to withdraw the amount deposited by the deceased respondent under the Court's earlier direction.
Subjects
- interim application
- withdrawal of deposited amount
- death of respondent
- criminal revision
- High Court of Bombay
Judgment
15-IA-3302-2026.doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3302 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 50 OF 2020
Vishwas Balkrishna Nashikkar ...Applicant/s
IN THE MATTER BETWEEN
Yashoda Motilal Bafna ...Applicant/s
Digitally
VERSUS
signed by
SONALI
SATISH
SONALI
SATISH
KILAJE
Date:
Vishwas Balkrishna Nashikkar And Anr ...Respondent/s
KILAJE 2026.09.23
17:19:26
+0530
_________________________________________________________________
Mr. Nikhil Dongre, Advocate for Applicant (Through VC) in IA/3302/2026.
Mr. S. M. Mangaonkar, APP for Respondent-State.
Mr. Amar Gharte, Advocate for Applicant in Revision Application No. 50 of
2020.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 21st SEPTEMBER, 2026.
P.C. :
1. By this Interim Application, the applicant is seeking withdrawal
of the deposited amount.
2. Learned counsel for the respondent (i.e. applicant in Revision
Application No. 50 of 2020) submits that respondent i.e. Yashoda Motilal
Bafna (applicant in Revision Application No. 50 of 2020) is no more and
objected to allow the application.
3. I have heard both the learned counsel. The applicant is the
Page 1 of 2
15-IA-3302-2026.doc
S.S.Kilaje
original complainant and respondent was accused. The respondent has
deposited amount as per direction of this Court. Considering this fact, I
pass following order.
ORDER
(i) Interim Application is allowed.
(ii) The applicant is permitted to withdraw the amount
with accrued interest, if any.
4. Interim Application is disposed of.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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