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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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