Allowed¶18

Anil Dharmu Fal Dessai and Anr. v. Spl.Land Acquisition Officer, South Goa, Konkan Railway Corporation Ltd., and Anr.

Bombay HC17 Apr 2026MCA/63/2025

Case brief

AI extract

What is this about?

Release of deposited land acquisition compensation with interest; withdrawal of fixed deposit kept with High Court Registry; accrued interest till date of encashment; Misc. Civil Application MCA 63/2025; Registrar Judicial order dated 24/04/2026; Anil Dharmu Fal Dessai v. Spl. Land Acquisition Officer South Goa and Konkan Railway Corporation Ltd.; total award Rs. 2,30,943.30/- with Rs. 75,000/- deposited on 05/04/2001; balance recoverable through execution proceedings; High Court of Bombay at Goa (Goa Bench).

What did the court decide?

Applicants permitted to withdraw Rs. 3,67,406/- along with accrued interest till the date of encashment; Accounts Section Office directed to release the amount to the Applicants. ¶18

Anil Dharmu Fal Dessai and Anr. vs Spl.Land Acquisition Officer, South Goa, Konkan Railway Corporation Ltd., and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants permitted to withdraw Rs. 3,67,406/- along with accrued interest till the date of encashment; Accounts Section Office directed to release the amount to the Applicants.

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Issue for consideration

Whether the amount of Rs. 75,000/- deposited by the Applicants, along with interest, lying invested in F.D. with the Registry (valued at Rs. 3,67,406/- as on 22/10/2024), is to be released to the Applicants notwithstanding the Respondents' prayer for time to confirm the calculations.

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Court's answer

As on the date of the order, whatever amount has been deposited will have to be released to the Applicants.

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Ratio / Principle

The Applicants are permitted to withdraw Rs. 3,67,406/- along with accrued interest till the date of encashment, and the Accounts Section Office is to release the amount to the Applicants.

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Detailed headnote1 paragraphs

Registrar's Order (Irshad Agha, Registrar Judicial), High Court of Bombay at Goa, Appellate Side, dated 24th April, 2026, in MCA 63 of 2025 - Anil Dharmu Fal Dessai and Anr. v. Spl. Land Acquisition Officer, South Goa, Konkan Railway Corporation Ltd. and Anr. The issue was limited to release of Rs. 75,000/- deposited by the Applicants (out of a total award of Rs. 2,30,943.30/-, deposited as on 05/04/2001) together with interest, the sum lying invested in fixed deposit with the Registry and valued at Rs. 3,67,406/- as on 22/10/2024. Calculations had been prepared by the Section Officer, Accounts Section on 16/03/2026; despite a last and final opportunity under the Registrar's Order dated 10/04/2026 to obtain instructions on the calculations, the Respondents again sought time to verify the figures from original accounts, to which Applicants' counsel objected on grounds of delay. The Registrar held that whatever amount stands deposited must be released to the Applicants, and ordered that the Applicants may withdraw Rs. 3,67,406/- with accrued interest till the date of encashment, the Accounts Section Office to release the amount. Counsel's statement that execution proceedings would be filed for the balance of the award was noted but formed no part of the direction.

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MCA 63 of 2025

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FARAD CONTINUATION SHEET IN THE HIGH COURT OF BOMBAY AT GOA APPELLATE SIDE

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MISC.CIVIL APPLICATION NO.63 OF 2025 WITH MISC.CIVIL APPLICATION NO.63 OF 2025 ANIL DHARMU FAL DESSAI AND ANR ... APPLICANT

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SPL.LAND ACQUISITION OFFICER, SOUTH GOA, KONKAN RAILWAY CORPORATION LTD., AND ANR

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... RESPONDENTS

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Advocate Pranay Kamat for Applicants and Advocate A. Fernandes for Respondents

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REGISTRAR'S ORDER

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Heard Advocate Pranay Kamat for Applicants and Advocate A. Fernandes for Respondents. Advocate A. Fernandes places on record an E-mail received from Respondents along with memo and she prays for time for confirmation of the calculations. Learned Advocate Pranay Kamat vehemently objected and submitted that the matter is very old. He also submitted that vide Registrar's Order dated 10/04/2026, one last and final opportunity was granted to the Learned Adv. A. Fernandes appearing for Respondents to seek instructions about the calculations from the Respondents.

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As per the letter in E-mail received by Adv. A. Fernandes from her

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24th April, 2026

MCA 63 of 2025

clients, time is sought stating that the corporation would verify and approve the calculations from their original accounts. Section Officer, Accounts Section had prepared calculations on 16/03/2026 but the issue involved is limited tho the release of the amount of Rs. 75,000/- that was deposited by the Applicants along with the interest. As per the calculations the amount is lying invested in F.D. with the Registry and as on 22/10/2024, the said amount is Rs. 3,67,406/-.

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Ld. Adv. Shri. Pranay Kamat submitted that out of the total amount awarded of Rs. 2,30,943.30/-, only Rs. 75,000/- was deposited as on 05/04/2001 and the Applicant would file Execution proceedings to recover the balance amount. He also submitted that the Applicants are also entitled to further interest on the amount of Rs. 75,000/- from 23/10/2024 till the amount is actually paid to the Applicants.

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As on today, whatever amount has been deposited will have to be released to the Applicants.

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ORDER

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'In view of the above, the Applicants are permitted to withdraw an amount of Rs. 3,67,406/- along with accrued interest till the date of encashment. Accounts Section Office to release the amount to the Applicants.'

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24th April, 2026

MCA 63 of 2025

( Irshad Agha ) Dated: 24th April, 2026 (Registrar Judicial)

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