Dinesh Ramling Patil v. Godawari Marathwada Irrigation Development Corporation, Thr. Its The Executive Engineer And ANR

2026:BHC-AUG:1610 ca 420.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 975 CIVIL APPLICATION NO. 420 OF 2026 IN FA/5173/2017 Dinesh Ramling Patil

VERSUS

Godawari Marathwada Irrigation Development Corporation, Thr. Its The Executive Engineer And Anr ...

Advocate for Applicant : Mr. Ingale Vivekanand V. Advocate for Respondent 1 : Mr. P S Shinde AGP for Respondent 2: Mr. S.N. Kendre ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : January 14, 2026 ORDER :- 1.

Heard both sides.

2.

The applicant is praying for withdrawal of 50% of the amount deposited, which remained in the Court. He was permitted to withdraw 50% of the amount vide order dated 28th June, 2019. Accordingly the amount was disbursed. Now he is relying on order dated 13.10.2025 passed by the Coordinate Bench permitting the claimants in similarly situated matter to receive the balance 50% amount also on furnishing undertaking.

3.

Learned counsel for the acquiring body submits that if the prayer of the applicant is granted that would amount to 100% withdrawal of the amount, which is very exorbitant one. It is submitted that acquiring body has good case on merits and

ca 420.26.odt if the appeal is allowed, it would be difficult to recover the amount from the claimants.

4.

Considering objection of acquiring body, this Court permitted similarly situated claimants to receive the balance amount vide order dated 13.10.2025. Instead of permitting the remaining amount on undertaking, I propose to disburse 25% of the amount on furnishing undertaking and 25% of the amount on furnishing solvent security/surety. 5.

The civil application is partly allowed. The applicant is permitted to receive balance 25% amount with accrued interest on furnishing undertaking and 25% of the amount with accrued interest on furnishing solvent security/surety to the satisfaction of the Registrar (Judicial). The civil application is disposed of.

( S. G. CHAPALGAONKAR, J. ) ...

AAA/-