Kanifnath Balaram Alias Balu Tanvade Vs Reliance Gas Transpor, Infrastructure Ltd. and Another — Bombay HC (2025) — LawSathi Research

Kanifnath Balaram Alias Balu Tanvade Vs Reliance Gas Transpor, Infrastructure Ltd. and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to the applicant/original claimant to withdraw the entire amount deposited by respondent No. 1 together with accrued interest, subject to furnishing an undertaking to re-deposit the amount with interest @ 7% p.a. from the date of the order if the writ petitions are allowed; the learned Registrar (Judicial) directed to transmit the amount within six weeks to the applicant's bank account upon furnishing the undertaking and bank account details.

Issue for consideration

Whether the applicant/original claimant should be permitted to withdraw the entire amount deposited by respondent No. 1. +1 more

Court's answer

The Court accepted the applicant's statement and deemed it appropriate to permit the applicant to withdraw the deposited amount on furnishing an undertaking to the Court.

Ratio / Principle

Withdrawal is conditioned on the applicant's undertaking that, if the writ petitions are allowed, he will re-deposit the amount from the date of the said order with interest @ 7% p.a.

Key takeaways

The civil application is allowed as prayed, subject to the filing of the undertaking, and is disposed of.ratio¶19
The learned Registrar (Judicial) is directed to transmit the entire deposited amount, with accrued interest, to the applicant's bank account within six weeks upon furnishing the undertaking and bank account details.ratio¶20
The writ petitions are to be listed on 06.10.2025.obiter

Detailed headnote1 paragraphs

Interlocutory order — Civil Application No. 10235 of 2025 in WP/9727/2013 (listed with ten connected writ petitions), High Court of Judicature of Bombay, Bench at Aurangabad (Abhay J. Mantri, J.; 20.09.2025). The applicant/original claimant sought withdrawal of the entire amount deposited by respondent No. 1, which was opposed. The Court permitted withdrawal subject to the applicant furnishing an undertaking that, if the writ petitions are allowed, he will re-deposit the amount from the date of the order with interest @ 7% p.a. The learned Registrar (Judicial) was directed to transmit the entire amount with accrued interest to the applicant's bank account within six weeks on furnishing the undertaking and bank account details. Writ petitions to be listed on 06.10.2025.

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928ca10235.25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

928 CIVIL APPLICATION NO. 10235 OF 2025 IN WP/9727/2013 WITH WRIT PETITION NO. 4460 OF 2014 WITH WRIT PETITION NO. 4457 OF 2014 WITH WRIT PETITION NO. 9726 OF 2013 WITH WRIT PETITION NO. 4336 OF 2014 WITH WRIT PETITION NO. 4459 OF 2014 WITH WRIT PETITION NO. 4461 OF 2014 WITH WRIT PETITION NO. 4458 OF 2014 WITH WRIT PETITION NO. 9723 OF 2013 WITH WRIT PETITION NO. 9725 OF 2013 WITH WRIT PETITION NO. 9727 OF 2013 WITH WRIT PETITION NO. 9724 OF 2013

KANIFNATH BALARAM ALIAS BALU TANVADE

VERSUS

RELIANCE GAS TRANSPORT, INFRASTRUCTURE LTD. AND ANOTHER

Advocate for Applicant: Mr. Patne Santosh N. Advocate for Petitioner in W.P. : Mr. V.S.Badakh, Advocate for Respondent No. 2 in W.P. : Mr. P.P. Dawalkar

CORAM : ABHAY J. MANTRI, J.

DATE : 20.09.2025.

PER COURT :

The applicant/Original Claimant has filed this application

to permit him to withdraw the entire amount deposited by respondent

No. 1, i.e. the petitioner herein, for which the learned Advocate for

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respondent No. 1 has objected.

Learned Advocate for the applicant submitted that in similar types of matters, this Court has permitted applicants to withdraw the amount deposited by respondent No. 1, and he has drawn my attention to the Civil Application No. 1148 of 2025 and submitted that in view of the same, the applicant be permitted to withdraw the amount. He further canvassed that the applicant is ready to file an undertaking with this Court, stating that, “in case the petitions are allowed, he will re-deposit the said amount from the date of said order with interest @ 7% p.a.” His statement is accepted. In view of the above, I deem it appropriate to permit the applicant to withdraw the amount on furnishing an undertaking to this Court as he has undertaken for the same.

The application is allowed as prayed, subject to the filing of the undertaking.

The learned Registrar (Judicial) is directed to transmit the entire amount, along with accrued interest thereon, within six weeks to the applicant's bank account upon furnishing an undertaking and the Bank Account details.

Application is disposed of.

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The Writ Petitions be listed on 06.10.2025.

( ABHAY J. MANTRI, J.)

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