Mahadeo Pandharinath Mundhe v. The Exe. Engineer, Beed Irrigation Div., Head Quarter Ambajogai, Beed And ANR
1 929CA13568.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
929 CIVIL APPLICATION NO. 13568 OF 2023 IN FA/1058/2019 Mahadeo Pandharinath Mundhe
VERSUS
The Exe. Engineer, Beed Irrigation Div., Head Quarter Ambajogai, Beed And Anr ...
Mr. Santosh Sampatrao Jadhavar - Advocate for Applicant Mr. R. B. Dhaware - AGP for Respondent/State Mr. M.C. Swami - Advocate for Respondent No. 1 ...
CORAM : NEERAJ P. DHOTE, J.
DATED : 22ND APRIL 2025 PER COURT : - 1.
This is an Application by the Original Claimant / Respondent in the Appeal, for withdrawal of remaining amount deposited by the Acquiring Body in this Court. 2.
It is submitted by the learned Advocate for the Applicant that, against the Judgment and Award passed by the learned Reference Court, the Acquiring Body has preferred an Appeal. He has invited attention of this Court to the Judgment and Award passed in the connected matters arising out of the same acquisition. The Acquiring Body has deposited 50% amount under the Award. He submits that, the 50% amount comes to Rs.1,59,98,872/-. The Applicant has initially
2 929CA13568.2023.odt approached this Court and he was permitted to withdraw an amount of Rs.90,58,183/- by orders dated 11.10.2019 and 28.06.2022. He submits that, now the Applicant has approached this Court for withdrawal of remaining 25% amount. He submits that the Application be allowed. 3.
The Application is opposed by the learned Advocate for the Acquiring Body. He submits that, this Court has, while allowing the Civil Application Nos. 11519 of 2021 in First Appeal No. 1061 of 2019 and connected Applications for withdrawal of amount, observed that the Applicant shall not file any further Application for withdrawal of the amount. He submits that, the enhancement by the learned Reference Court is exorbitant. He submits that the Application be rejected. 4.
There is no dispute that the Acquiring Body has deposited only 50% amount of the total amount awarded by the learned Reference Court under the Award. In Paragraph No. 07-A, Page No. 5-A to the Application, the figures are mentioned to show the amount deposited by the Acquiring Body, the amount withdrawn by the Applicant and the amount remaining. The said paragraph is reproduced as under : - "07-A) Applicant submits that, respondent No.1 has initially deposited an amount of Rs.1,01,16,930/- in this Hon'ble Court and lateron has deposited an amount of Rs.58,81,942/-. As such total amount of Rs.1,59,98,872/- is deposited by respondent No.1. Out of deposited amount, applicant has withdrawn amount of Rs.90,58,183/- in view of orders dated 11.10.2019 and
3 929CA13568.2023.odt 28.06.2022 passed by this Hon'ble Court. Now total amount lying in this court is of Rs.6940689/-." 5.
I see no impediment to allow the Applicant to withdraw the remaining amount deposited by the Acquiring Body, subject to furnishing Solvent Surety / Security / Bank Guarantee against the said amount to the satisfaction of the Registrar (Judicial) of this Court so that the interest of Appellant i.e. Acquiring Body, is protected till the decision of Appeal. It is made clear that, no request from the Claimant/Applicant to release or replace the Solvent Surety / Security / Bank Guarantee will be entertained till the final disposal of the Appeal. Hence, the following order : -
ORDER
[i] The Applicant is allowed to withdraw the remaining amount deposited by the Acquiring Body along with interest accrued thereon, subject to furnishing Solvent Surety / Security / Bank Guarantee against the said amount to the satisfaction of the Registrar (Judicial) of this Court, which shall be operative till the Appeal is finally disposed off. [ii] The Application stands disposed off.
[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 24/04/2025 17:52:57