Meerabai Daskumar Joshi Vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Meerabai Daskumar Joshi Vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The applicant is permitted to withdraw a further 25% of the total deposit along with accrued interest on furnishing the usual undertaking to the satisfaction of the learned Registrar (Judicial); the order dated 07.11.2023 in Civil Application No.9172 of 2016 in FA/1925/2018 stands modified to that extent only, and otherwise remains intact.

Issue for consideration

Whether the applicant, who was earlier required to furnish solvent surety/security for withdrawing 25% of the deposited amount, can be permitted to withdraw that amount on furnishing only the usual undertaking, given her inability to provide surety/security.

Court's answer

Considering the amount involved, the Court found that the applicant could be permitted to withdraw the remaining amount on furnishing an undertaking.

Ratio / Principle

Considering the total amount of Rs.3,03,349/-, the Court found that such amount could be allowed to be withdrawn.

Key takeaways

The civil application was allowed and the order dated 07.11.2023 in Civil Application No.9172 of 2016 in FA/1925/2018 was modified to permit withdrawal of a further 25% of the total deposit along with accrued interest on furnishing the usual undertaking to the satisfaction of the learned Registrar (Judicial), the remainder of that order remaining intact.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court (Bench at Aurangabad), Kishore C. Sant, J. - Civil Application No. 6773 of 2025 in FA/1925/2018 (Meerabai Daskumar Joshi v. The State of Maharashtra and Another), decided 21-07-2025: By an earlier order dated 07.11.2023 in Civil Application No.9172 of 2016, the Court had allowed the applicant to withdraw 50% of the amount deposited by the appellant on furnishing the usual undertaking, 25% against solvent surety/security, and had directed investment of the remaining 25% in fixed deposit. The applicant pleaded that she was not in a position to give any surety/security as her condition was not sound. Allowing the application, the Court held that, considering the total amount of Rs.3,03,349/-, the applicant could be permitted to withdraw the remaining amount on undertaking, and modified the order dated 07.11.2023 to permit withdrawal of a further 25% of the total deposit along with accrued interest on furnishing the usual undertaking to the satisfaction of the learned Registrar (Judicial); except to this extent, the earlier order remained intact. The total amount of enhancement in the appeal was Rs.6,00,000/-.

2025:BHC-AUG:19240

25-CA-6773-25.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CIVIL APPLICATION NO. 6773 OF 2025 IN FA/1925/2018

MEERABAI DASKUMAR JOSHI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Mr. Girish N. Kulkarni (Mardikar) AGP for Respondents : Mr. S. B. Jadhve

WITH FIRST APPEAL NO. 1926 OF 2018

CORAM : KISHORE C. SANT, J. DATE : 21-07-2025

PER COURT:-

Heard the learned counsel for the applicant.

Learned counsel for the applicant submits that this Court, by order dated 07.11.2023 was pleased to allow the applicant to withdraw 50% of the amount deposited in this Court by the appellant, on furnishing usual undertaking. 25% amount was allowed to be withdrawn by giving solvent surety/security and remaining 25% amount was to be invested in fixed deposit. He submits that this Court has passed order allowing the applicant to withdraw the amount by giving undertaking. So far as withdrawal of 25% amount is concerned, the applicant is not in a position to give any surety/security as the condition is not sound. The total amount of enhancement is Rs.6,00,000/-. Considering that amount, this Court finds that the applicant can be permitted to withdraw remaining amount on undertaking.

25-CA-6773-25.odt

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Learned A.G.P. opposes the application.

However, considering total amount of Rs.3,03,349/-, this Court finds that such amount can be allowed to be withdrawn.

The civil application is allowed.

Order dated 07.11.2023 in Civil Application No.9172 of 2016 in FA/1925/2018, stands modified to the extent that the applicant is permitted to withdraw further 25% amount of the total deposit alongwith accrued interest, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. Except this, remaining order shall remain intact.

The civil application stands disposed of accordingly.

[KISHORE C. SANT] JUDGE

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