Bansi Madhavrao Sale v. City And Industrial Development Corporation Waluj Mahanagar Prakalp 1 Cidco Chh Sambhajinagar

2026:BHC-AUG:10735 1 42 ca 2869.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2869 OF 2026 IN FIRST APPEAL NO. 2502 OF 2025 Bansi Madhavrao Sale .. Applicant

Versus

City and Industrial Development Corporation, Waluj Mahanagar, Prakalpa 1, CIDCO, Chh. Sambhajinagar and others .. Respondents WITH CIVIL APPLICATION NO. 2870 OF 2026 IN FIRST APPEAL NO. 401 OF 2026 Bhaginath Asaram Sale .. Applicant

Versus

City and Industrial Development Corporation, Waluj Mahanagar, Prakalpa 1, CIDCO, Chh. Sambhajinagar and others .. Respondents Shri Durgesh M. Pingale, Advocate for the Applicant in both matters.

Shri Shambhuraje V. Deshmukh, Advocate for the Respondent No. 1 in both matters.

Shri S. N. Morampalle, A.G.P. for the Respondent No. 2 in both matters.

CORAM : SHAILESH P. BRAHME, J.

DATE : 12TH MARCH, 2026.

FINAL ORDER :

.

Applicants seek to withdraw amount of Rs. 25,92,380/- and

2 42 ca 2869.26 Rs. 1,03,29,759/- respectively deposited by the respondent No. 1 - acquiring body.

2.

The respondent No. 1 has deposited only 75% of the amount under the award in pursuance of the orders passed by this Court. Already 25% of the amount under the award is withheld.

3.

In similarly situated matters, this Court permitted the claimants to receive amount deposited with accrued interest by imposing certain conditions. I propose to follow the same course. 4.

The civil applications are allowed partly permitting the applicants to receive 70% of the amount deposited with accrued interest on furnishing undertaking and balance 30% of the amount deposited with accrued interest on furnishing solvent security/surety to the satisfaction of the Registrar (Judicial) of the Court. The civil applications are disposed of. [ SHAILESH P. BRAHME J. ] bsb/March 26