M/S Shinde and Sons through Its Authorised Partner Mr. Satish Budhajirao Shinde vs Executive Director Godavari Marathwada Irrigation Development Corporation — Bombay HC (2025) — LawSathi Research

M/S Shinde and Sons through Its Authorised Partner Mr. Satish Budhajirao Shinde vs Executive Director Godavari Marathwada Irrigation Development Corporation — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted by this Court; writ petition disposed of with liberty/direction that the executing court pass appropriate orders on the pending applications (including petitioner's Exhibit-65 withdrawal application), all contentions kept open.

Issue for consideration

Whether the petitioner is entitled to withdraw the amount admitted to be due by the respondent in terms of the decree, and what orders the executing court should pass on the pending applications (Exhibit-65 of the petitioner and Exhibit-E refund application of the respondent).

Court's answer

The Court declined to decide the matter itself: recording that the petitioner's application for withdrawal of the admitted amount was pending consideration and the matter was listed before the executing court the next day, the Court left the applications to the executing court to pass appropriate orders, keeping all contentions of the parties open.

Ratio / Principle

On these directions, the Writ Petition was disposed of without any substantive adjudication.

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Pedneker, J. — Writ Petition No. 15447 of 2025, decided 22.12.2025. M/s Shinde and Sons sought permission to withdraw the amount admittedly due from the Executive Director, Godavari Marathwada Irrigation Development Corporation in execution of an award. Counsel recorded that approx. Rs.91.83 crores was admitted due (respondent's computation per its Exhibit-E application: total Rs.91,83,09,508/-, comprising award of Rs.33,15,29,515/- plus interest of Rs.58,67,79,993/- after reduction of interest from 15% to 9% per annum); Rs.5,00,00,000/- had already been withdrawn under earlier High Court orders, leaving approx. Rs.86 crores outstanding. The respondent had meanwhile applied for refund of Rs.29,14,55,317/- as excess deposit out of Rs.120,97,64,825/-. The petitioner's Exhibit-65 withdrawal application was pending before the executing court. The High Court disposed of the writ petition directing the executing court to pass appropriate orders, keeping all contentions open.

2025:BHC-AUG:36658

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

25 WRIT PETITION NO. 15447 OF 2025

M/S SHINDE AND SONS THROUGH ITS AUTHORISED PARTNER MR. SATISH BUDHAJIRAO SHINDE VERSUS

EXECUTIVE DIRECTOR GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION

Advocate for the Petitioner : Mr. Naik Thigle Girish K. Advocate for Respondent : Mr. P. R. Katneshwarkar, Senior Advocate i/b. Mr. S. C. Arora

CORAM : ARUN R. PEDNEKER, J. DATE : 22.12.2025

PER COURT:

Heard.

Mr. G. K. Naik Thigle, learned counsel for the petitioner

submits that the petitioner / applicant has moved an application Exhibit-65 for withdrawal of the admitted amount and on that the reply is filed and the matter is fixed for tomorrow. He further submits that there is an amount of Rs.91Crores 83 Lacs and some odd amount is admitted to be due by the respondent. He further points out Exhibit-E application filed by the respondent, more particularly, paragraph no.4 as under:

“4) That, in view of the reduction in the rate of interest from 15% per annum to 9% per annum the total calculation in view of the award comes to Rs.91,83,09,508/- (Rs.33,15,29,515/- award amount +

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Rs.58,67,79,993/towards interest) whereas Rs.120,97,64,825/- has been deposited which is in excess and therefore this application is being filed for refund of Rs.29,14,55,317/- (Rupees Twenty Nine Crores Fourteen Lakhs Fifty Five Thousand Three Hundred and Seventeen only). The details of showing calculations of the amount deposited and the amount of interest are annexed herewith for the kind perusal of this Hon’ble Court.”

He submits that Rs.91Crores 83 Lacs approximately amount is admitted to be due. He submit that the petitioner has also withdrawn Rs.5,00,00,000/- by the orders of the High Court as such the admitted amount outstanding is Rs.86 Crores and some odd amount. He submits that this admitted amount be permitted to be withdrawn in terms of the decree. The petitioner’s application is pending consideration. I am informed that the matter is fixed tomorrow before the executing court. The executing court to pass the appropriate order in the application. All contentions are kept open.

The Writ Petition stands accordingly disposed of.

[ARUN R. PEDNEKER, J.]

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