Habib Ismail Mujawar. v. The State Of Maharashtra Through The Collector Osmanabad And ORS.

2026:BHC-AUG:11528 48 CA No.3040.2026 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 3040 OF 2026 IN FA/3577/2016 HABIB ISMAIL MUJAWAR.

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS.

...

Advocate for Applicant : Ms. Laxmi Thakur h/f Mr. L. C. Patil AGP for Respondents-State : Ms. R. R. Tandale Advocate for Respondent No. 3 : Mr. Rahul A. Tambe ...

WITH CIVIL APPLICATION NO. 3041 OF 2026 IN FA/3578/2016 ....

CORAM : S. G. CHAPALGAONKAR, J.

Date : 16th March, 2026 PER COURT :- 1.

The applicants seek withdrawal of the interest amount lying with the Registry of this Court.

2.

Mr. Tambe, learned counsel for respondent No. 3, vehemently opposes the application.

3.

It appears that by an orders dated 09.03.2018 and 26.02.2021, this Court allowed the applicants to withdraw the entire award amount passed by the Reference Court. Accordingly,

48 CA No.3040.2026 -2the applicants have withdrawn the principal awarded amount; however, the interest accrued on the said amount remains to be withdrawn.

4.

In that view of the matter, the applicants are permitted to withdraw the interest amount under the same conditions imposed for the withdrawal of the principal amount. 5.

Accordingly, the civil applications are allowed in terms of prayer Clause (B). The withdrawal of the amount shall be subject to the furnishing of the usual undertaking in the name of the Registrar (Judicial) of this Court.

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