Banubee Sk Kadar And ORS v. The State Of Maharashtra Through The Collector

2025:BHC-AUG:37538-DB 5 CIVIL APPLICATION NO. 13104 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 CIVIL APPLICATION NO. 13104 OF 2025 IN FA/2277/2024 Banubee W/o. Sk. Kadar And Others

VERSUS

The State Of Maharashtra Through The Collector And Another ...

• Adv. Harshwardhan A. Bajaj for the Applicants • Mr. S. N. Kendre, AGP for State • Mr. Nitin Gangal, Special Counsel h/f. Adv. S. V. Deshmukh for Respondent No. 2 (Through V.C.) ...

CORAM : KISHORE C. SANT AND VAISHALI PATIL-JADHAV, JJ.

DATE : 22.12.2025 P E R C O U R T :

1.

Heard learned advocates for the parties.

2.

This civil application is filed with a prayer to direct the office to disburse the amount in the joint bank accounts of Applicant No. 1 - Banubee Sk. Kadar, Applicant No. 6(a) - Rehanbee wd/o Shaikh Isak and Applicant No. 7 - Sk. Rustum Sk. Dada. As all the applicants do not have individual bank accounts, they find it difficult to receive the amount. There are undertakings and independent affidavits filed by each of the applicants stating that they have no objection if the amount is disbursed by transfer of the amount in the joint accounts of the above three applicants. ksk/ 1/2

5 CIVIL APPLICATION NO. 13104 OF 2025 3.

Learned advocate Mr. Gangal, holding for Adv. S. V. Deshmukh appearing for Respondent No. 2, raises an objection. He submits that it is always in the interest of the applicants that the amount of each of the applicants is transferred to individual account rather than transferring the amount in the joint account to avoid further complication. There may be disputes or claims in future raised by any of the applicants, where again CIDCO would be driven into litigation. He, therefore, submits that the application deserves to be dismissed and insists that amount be transferred to the individual bank accounts of the applicants. 4.

This Court finds that now the applications are filed by all the applicants and they have no objection to transfer the amount in the joint bank accounts of the applicants stated above. This Court finds that the affidavits take care of the interest of the parties. If any dispute arises in future, it will be between the applicants inter se, and CIDCO need not be party in the said dispute. 5.

With this clarification, this Court finds that the civil application can be disposed of.

6.

The civil application is allowed in terms of prayer clause 'B' and stands disposed of.

[VAISHALI PATIL-JADHAV, J.] [KISHORE C. SANT, J.] ksk/ 2/2