Kashnath Sheku Gaikwad Died Thr Lrs Subhash Died Thr Lrs Laxmi and Ors. Vs the G.M.I.D.C, Aurangabad Thr the Ex. Engineer (P.T and Miw NO.1) Osmanabad and Ors. — Bombay HC (2025) — LawSathi Research

Kashnath Sheku Gaikwad Died Thr Lrs Subhash Died Thr Lrs Laxmi and Ors. Vs the G.M.I.D.C, Aurangabad Thr the Ex. Engineer (P.T and Miw NO.1) Osmanabad and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Claimant-Applicants permitted to withdraw 75% of the amount deposited by the Appellant – Acquiring Body with proportionate interest accrued thereon, on usual undertaking to the satisfaction of the Registrar [Judicial]; remaining amount to be kept in FDR in a Nationalized Bank on yearly renewal basis till disposal of the Appeal; Civil Application disposed of accordingly; First Appeal No.139/2019 admitted.

Issue for consideration

Whether the Applicants – Claimants should be permitted to withdraw the amount deposited by the Acquiring Body in this Court along with the interest accrued thereon, on the terms of the Court's earlier order dated 13/03/2023 in Civil Application No.3186/2023. +1 more

Court's answer

The Civil Application is allowed: the Applicants may withdraw 75% of the amount deposited by the Appellant – Acquiring Body alongwith proportionate interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar [Judicial]; the remaining amount is to be kept in FDR in any Nationalized Bank on yearly renewal basis till disposal of the Appeal.

Ratio / Principle

First Appeal No.139/2019 is admitted; the Record and Proceedings with Paper-book have already been received.

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Neeraj P. Dhote, J. (04.04.2025): In Civil Application No.3782/2025 filed in First Appeal No.139/2019 by the Claimants (Kashnath Sheku Gaikwad through LRs and others) against the G.M.I.D.C., Aurangabad as the Appellant – Acquiring Body, seeking withdrawal of the amount deposited by the Acquiring Body in this Court with accrued interest, the Court, noting that by order dated 13/03/2023 in Civil Application No.3186/2023 it had permitted claimants therein to withdraw 75% of the deposit on usual undertaking with the remainder in FDR, and the Acquiring Body not disputing those aspects, allowed the Applicants to withdraw 75% of the deposited amount with proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar [Judicial], directed the remaining amount to be kept in FDR in any Nationalized Bank on yearly renewal basis till disposal of the Appeal, and disposed of the Civil Application accordingly. First Appeal No.139/2019 was admitted, the Record and Proceedings with Paper-book having already been received.

2025:BHC-AUG:10246

923-CA3782-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

923 CIVIL APPLICATION NO. 3782 OF 2025 IN FA/139/2019

Kashnath Sheku Gaikwad Died Thr Lrs Subhash Died Thr Lrs Laxmi And Ors.

.… Applicants

VERSUS

The G.m.i.d.c, Aurangabad Thr The Ex. Engineer (p.t And Miw No.1) Osmanabad And Ors.

…..Respondents

Mr. Wakure Sanjay A, Advocate for Applicants Mr. P. R. Tandale, Advocate for Respondent No.1 Mr. D. J. Patil, AGP for Respondent Nos.2 and 3 – State

CORAM : NEERAJ P. DHOTE, J. DATE : 04.04.2025

PER COURT :

[I] IN CIVIL APPLICATION NO. 3782/2025 :-

This is an Application fled by the Applicants - Claimants for withdrawal of the amount deposited by the Acquiring Body in this Court along with interest accrued thereon.

It is submitted by the learned Advocate for the Claimants that, this Court, by order dated 13/03/2023 passed in Civil Application No.3186/2023, has permitted the Claimants therein to withdraw 75% of the amount on furnishing usual undertaking to the satisfaction of the Registrar [Judicial] of this Court and remaining amount is directed to be deposited in FDR in any Nationalized Bank on yearly renewal basis till fnal disposal of the Appeals.

923-CA3782-2025.odt

The learned Advocate for the Applicants submits that, similar order be passed in this Application.

4. The learned Advocate of the Acquiring Body does not dispute the aforesaid aspects.

In this view of the matter, the Application is allowed. The Applicants are allowed to withdraw 75% of the amount deposited by the Appellant – Acquiring Body alongwith proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar [Judicial] of this Court. The remaining amount be kept in FDR in any Nationalized Bank on yearly renewal basis till disposal of this Appeal.

6. Civil Application stands disposed off accordingly.

[II] IN FIRST APPEAL NO.139/2019 :-

Both the sides submit that, the Appeal is yet to be admitted.

8. Admit .

Record and Proceedings with Paper-book are already received.

[NEERAJ P. DHOTE, J.]

Sameer/April-2025

Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 07/04/2025 16:52:32