Vilas Namdev Navghire and Ors. v. the State of Maharashtra and Anr.

Bombay HC25 Sept 2025IA/11239/2025

Case brief

AI extract

What is this about?

Withdrawal of deposited compensation amount; personal undertaking versus bank guarantee; inter se dispute among claimants over distribution; Nashik Municipal Corporation deposit with Reference Court; balance Rs.94,27,389/-; total deposit Rs.5,24,10,249/-; earlier withdrawal of Rs.4,58,58,967/- against bank guarantee; fixed deposit of Rs.65,51,282/-; Reference Court order dated 6th March 2014; disposal of Interim Application No. 11239 of 2025 in First Appeal No. 781 of 2012; Bombay High Court.

What did the court decide?

The Claimants were directed to furnish personal undertaking to the satisfaction of the Reference Court within one week, subject to which they may withdraw Rs.94,27,389/- together with any further interest accrued since the filing of the Interim Application. ¶¶19

Vilas Namdev Navghire and Ors. vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶19

Issue for consideration

Whether Applicant No.6 (Original Claimant No.6) may be permitted to withdraw Rs.94,27,389/- with accrued interest on furnishing a personal undertaking to the Reference Court, given the objection that there is an inter se dispute among the claimants regarding distribution of the deposited amount.

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Court's answer

In view of the dispute between Claimant No.6 and the remaining Claimants, withdrawal of the balance amount of Rs.94,27,389/- on the personal undertaking of Claimant No.6 alone cannot be allowed.

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Ratio / Principle

Since the amount now sought to be withdrawn is 15% of the total amount deposited by the Nashik Municipal Corporation with the Reference Court, and 85% has already been withdrawn against bank guarantee by the Claimants other than Claimant No.6, the balance amount of Rs.94,27,389/- may be withdrawn by the Claimants on furnishing personal undertaking to the satisfaction of the Reference Court.

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Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (R.I. Chagla and Farhan P. Dubash, JJ.), by order dated 3rd October 2025 in Interim Application No. 11239 of 2025 in First Appeal No. 781 of 2012, disposed of an application by the Applicants seeking permission for Applicant No.6 (Original Claimant No.6) to withdraw Rs.94,27,389/- with accrued bank interest on a personal undertaking out of Rs.5,24,10,249/- deposited by the Nashik Municipal Corporation with the Reference Court. The application was opposed by Respondent No.2 citing an inter se dispute among the claimants over distribution. The Reference Court had, by order dated 6th March 2014, permitted Claimant Nos. 1 to 5, 7 and 8 to jointly withdraw Rs.4,58,58,967/- against bank guarantee and directed the balance of Rs.65,51,282/- to fixed deposit; the bank guarantee was furnished and the amount withdrawn. Held: given the dispute, withdrawal on the personal undertaking of Claimant No.6 alone could not be allowed; however, since the amount sought was only 15% of the deposit and 85% had already been withdrawn against bank guarantee by the other claimants, the balance of Rs.94,27,389/- could be withdrawn by the Claimants on personal undertaking. The Claimants were directed to furnish personal undertakings to the satisfaction of the Reference Court within one week, whereupon they could withdraw the amount with any further accrued interest.

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JPP 902. IA 11239.2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 11239 OF 2025 IN

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FIRST APPEAL NO. 781 OF 2012

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Vilas Namdev Navgire (Shelar) and Ors. … Applicants In the matter between The State of Maharashtra and Anr. … Appellants V/s. Vilas Namdev Navgire and Ors. … Respondents

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Mr. Anil Ahuja for Applicants (through V.C.) Mr. M.L. Patil for Respondent No.2 in IA Mr. A.R. Patil for Respondent No.1 - State

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CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

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DATE : 3RD OCTOBER 2025

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P.C. :

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By this Interim Application, the Applicants have sought for permission to allow the Applicant No.6 to withdraw an amount of Rs.94,27,389/- along with accrued bank interest on furnishing personal undertaking to the satisfaction of the Reference Court.

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The Interim Application has been objected to by the learned Counsel for Respondent No.2 on the ground that there is a dispute between the Applicant No.6 (Original Claimant No.6) with the other

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JPP 902. IA 11239.2025.doc

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Applicants/Claimants as regards the distribution of the said amount which has been deposited by the Nashik Municipal Corporation with the Reference Court being an amount of Rs.5,24,10,249/- which is sought to be withdrawn by the Claimants from the Reference Court. He has submitted that the Reference Court as per order dated 6th March 2014 permitted the Claimant Nos. 1 to 5, 7 and 8 to withdraw the amount of Rs.4,58,58,967/- jointly against furnishing bank guarantee while directing the balance amount of Rs.65,51,282/- to be invested in the fixed deposit. Thereafter, a bank guarantee has been furnished and the amount of Rs.4,58,58,967/- has been withdrawn by the aforementioned Claimants. He has submitted that in view of the dispute between the aforementioned Claimants and Claimant No.6, the present application seeking withdrawal of the said amount by Claimant No.6 furnishing personal undertaking to the satisfaction of the Reference Court be not allowed unless a bank guarantee is furnished to the Reference Court.

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Considering that there is a dispute between Claimant No.6 and the remaining Claimants, the personal undertaking to be furnished on part of only Claimant No. 6 to the satisfaction of the Reference Court to withdraw the balance amount which now amounts to Rs.94,27,389/- cannot be allowed. However, considering that the amount which is now sought to be withdrawn is 15% of the total amount which had been deposited by the

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JPP 902. IA 11239.2025.doc

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Nashik Municipal Corporation with the Reference Court and considering that 85% of the amount has already been withdrawn by furnishing of the bank guarantee by the Claimants other than the Claimant No.6, we consider it appropriate that the balance amount of Rs.94,27,389/- may be withdrawn by the Claimants furnishing personal undertaking to the satisfaction of the Reference Court.

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Accordingly, the present Interim Application is disposed of by directing the Claimants to furnish personal undertaking to the satisfaction of the Reference Court within a period of one week from today and subject to which the Claimants may withdraw the amount of Rs.94,27,389/- together with any further interest which may have accrued since the filing of the Interim Application.

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The present Interim Application is accordingly disposed of in the above terms.

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( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. )

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Digitally signed JYOTIPRAKASH by JYOTIPRAKASHPAWAR PAWAR Date: 2025.10.06 11:22:26 +0530

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Vilas Namdev Navghire and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Vilas Namdev Navghire and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Coram

Case details

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