Vidarbha Patbandhare Vikas Mahamandal through Executive Engineer, Wan Project Division, Shegaon Vs Gulabrao S/O Manikrao Sabe and Others — Bombay HC (2025) — LawSathi Research

Vidarbha Patbandhare Vikas Mahamandal through Executive Engineer, Wan Project Division, Shegaon Vs Gulabrao S/O Manikrao Sabe and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

First Appeal admitted and record and proceedings called for; ad-interim relief in Civil Application (F) No.2725/2024 confirmed; respondent nos.1 and 2 permitted to withdraw the amount deposited by the appellant together with accrued interest on furnishing usual undertaking (solvent surety dispensed with).

Issue for consideration

Whether the ad-interim relief granted in Civil Application (F) No.2725/2024 should be confirmed in view of the appellant having deposited the amount in terms of the order dated 11.10.2024. +1 more

Court's answer

Since the appellant has deposited the amount in terms of the order dated 11.10.2024, the ad-interim relief granted stands confirmed.

Ratio / Principle

Respondent nos.1 and 2 are permitted to withdraw the amount deposited by the appellant along with accrued interest on furnishing usual undertaking.

Key takeaways

Permission to withdraw on a usual undertaking instead of a solvent surety is granted because, as stated by Mr. Deshpande, the land in the entire village has been acquired and it is not possible to arrange for solvent surety; it is further noted as undisputed that the land of the entire village has been acquired, making it difficult for the respondent petitioner to arrange for solvent surety.ratio¶20
The appellant's deposit of the meagre amount of Rs.6,47,451/- was also a consideration for permitting respondent nos.1 and 2 to withdraw the amount without furnishing solvent surety.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Rohit W. Joshi, J.; 13th February 2025), First Appeal No.1294 of 2024 - Vidarbha Patbandhare Vikas Mahamandal v. Gulabrao Sabe and others: Appeal admitted and record and proceedings called for. Ad-interim relief in Civil Application (F) No.2725/2024 confirmed, the appellant having deposited the amount in terms of the order dated 11.10.2024. In Civil Application (F) No.346/2025, respondent nos.1 and 2 (original claimants) permitted to withdraw the amount deposited by the appellant with accrued interest on furnishing usual undertaking instead of solvent surety, since the land of the entire village stands acquired and arranging a solvent surety is impracticable; the appellant's deposit of Rs.6,47,451/- was also a consideration for allowing withdrawal without solvent surety.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

FIRST APPEAL NO.1294 OF 2024

(Vidarbha Patbandhare Vikas Mahamandal, thr. Executive Engineer, Wan Project Division, Shegaon, Dist. Buldhana Vs. Gulabrao s/o Manikrao Sabe and others)

------------------------------------------------------------------------------------------------------------------------------------Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar’s Orders.

Mr. P. B. Patil, Advocate for Appellant/Applicant. Mr. A. S. Deshpande, Advocate for Respondent Nos.1 & 2. Ms. H. S. Dhande, AGP for Respondent Nos.3 & 4/State.

CORAM: ROHIT W. JOSHI, J. DATE: 13th FEBRUARY, 2025.

Heard.

Admit .

Call for record and proceedings.

CIVIL APPLICATION (F) NO.2725/2024 :

Heard.

Since the appellant has deposited the amount in terms of order dated 11.10.2024 the ad-interim relief granted stands confirmed.

CIVIL APPLICATION (F) NO.346/2025 :

Heard.

This is an application by the respondent nos.1 and 2 original claimant seeking permission to withdraw the

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amount deposited by the appellant with this Court pursuant to order granting stay to execution of the impugned award. In other matters permission to withdraw 75% of the total amount has been granted. In that view of the matter, in the present case also the respondent nos.1 and 2 are permitted to withdraw the amount deposited by the appellant along with accrued interest on furnishing usual undertaking. In connected matters 50% amount is permitted to be withdrawn on undertaking and 25% amount is permitted to be withdrawn on furnishing solvent surety. However, in view of statement made by Mr. Deshpande that the land in the entire village has been acquired, and therefore, it is not possible to arrange for solvent surety, permission is granted to withdraw amount on furnishing usual undertaking. The appellant had deposited meagre amount of Rs.6,47,451/- which is also a consideration for permitting the respondent nos.1 and 2 to withdraw the amount without furnishing solvent surety. It is also necessary to note that it is undisputed that the land of entire village has been acquired and therefore, it is difficult for the respondent petitioner to arrange for solvent surety.

(ROHIT W. JOSHI, J.)

NSN