Vasant Eknath Gund (Died) Thr. Lrs Mahadeo Vasant Gund v. The State Of Maharashtra, Through The Collector, Osmanabad And ORS

2026:BHC-AUG:5328 1 38 ca 3973.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3973 OF 2025 IN FIRST APPEAL NO. 2809 OF 2025 Vasant Eknath Gund Since deceased through his L.Rs.

Mahadeo Vasant Gund .. Applicant

Versus

The State of Maharashtra, through the Collector, Osmanabad and others .. Respondents Ms. Laxmi R. Thakur, Advocate h/f Shri Laxmikant C. Patil, Advocate for the Applicant.

Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2. Shri Akash D. Gade, Advocate h/f Shri Ranjit B. Gaikwad, Advocate for the Respondent No. 3.

CORAM : SHAILESH P. BRAHME, J.

DATE : 06TH FEBRUARY, 2026.

FINAL ORDER :

.

Applicant seeks to withdraw an amount of Rs. 1,82,691/- deposited by the respondent No. 3 - acquiring body. 2.

It is contended that in similarly situated matters when deposits were to the extent of 75% of the compensation awarded, this Court vide order dated 04.03.2025 permitted the claimants to receive 50% of the amount deposited with accrued interest on furnishing undertaking and 25% of the amount deposited with accrued interest on furnishing solvent surety/security.

2 38 ca 3973.25 3.

Learned counsel for the respondent No. 3 - acquiring body opposes the submissions.

4.

In the present matter entire amount is deposited. As the compensation is not sizable, ends of justice would be met by permitting the applicant to receive 75% of the amount deposited with accrued interest on furnishing undertaking. 5.

The civil application is allowed partly permitting the applicant to receive 75% of the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Feb. 26