11-CA.10268.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 10268 OF 2025 IN FA/1058/2019 Mahadeo Pandharinath Munde and Anr VERSUS The Executive Engineer, Beed Irrigation Division And Anr. ---- Mr.Sachin S. Tambe, Advocate h/f. Mr.Santosh S. Jadhavar, Advocate for applicant Ms.Vaishali S. Swami, Advocate h/f. Mr.Mahesh C. Swami, Advocate for respondent no.1 Mr.R.K.Ingole, AGP for respondent no.2 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : AUGUST 20, 2026 ORDER :- Despite this court directed the respondent – acquiring body to deposit the entire amount in this court while granting stay, the acquiring body opted to deposit 50% amount only. Out of the 50% amount, the applicant initially withdrew 75% of the deposited amount and later filed an application to withdraw the balance amount, i.e. 25% of the deposited amount. This court allowed to withdraw the balance amount also putting a condition to submit solvent surety/security/bank guarantee. 2026:BHC-AUG:38177 2 11-CA.10268 2. This application is filed to relax the condition of submitting solvent surety/security/bank guarantee and instead to permit the applicant to submit usual undertaking. Considering the fact that the acquiring body has not even deposit the entire amount as was directed by this court, I find that such stringent condition would frustrate the object of the order permitting the applicant/claimant to withdraw the amount. 3. Hence, this application stands allowed. The order dated 22.04.2025 passed in Civil Application No.13568 of 2023 is modified to the extent of submitting solvent surety/security/bank guarantee. Instead, the applicant is permitted to submit usual undertaking to the satisfaction of learned Registrar (Judicial) of this court. Registry is directed to disburse the amount to the applicant by accepting the usual undertaking. [AJIT B. KADETHANKAR, J.] ……….. KBP