1 7-CA 10783-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10783 OF 2026 IN FA/2441/2023 Eknath Punjaji Nawale (Died) Through L.Rs. Bhimabai Eknath Nawale And Others .. Applicants Versus The State Of Maharashtra Through S.L.A.O. Special Unit Aurangabad And Another .. Respondents Mr. Abhijit B. Kale, Advocate for Applicants. Mr. P. K. Lakhotiya, AGP for Respondent No. 1. Mr. S. V. Deshmukh, Advocate for Respondent No. 2. CORAM : KISHORE C. SANT AND JITENDRA JAIN, JJ. DATE : 24th SEPTEMBER, 2026. PER COURT :- 1. Heard learned advocate for the applicants, learned A.G.P and learned advocate for respondent No. 2/appellant. 2. This application is filed seeking withdrawal of the amount deposited by the respondent No. 2/appellant in appeal in the office of this Court. Initially, the appellant had deposited some portion of the amount i.e. Rs. 5,80,00,000/- on 20.12.2023. After depositing said amount an application was made by the present 2026:BHC-AUG:44126-DB 2 7-CA 10783-2026.odt applicants for withdrawal of the said amount. This Court by order dated 20.12.2023 had allowed the applicants to withdraw 50% of the deposited amount alongwith accrued interest on furnishing usual undertaking before the Registrar (Judicial) of this Court. 25% of the amount out of the deposited amount was allowed to be withdrawn with accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. Remaining amount was directed to be deposited in a fixed deposit in Nationalized Bank till the appeals are pending. 3. It is thereafter on 22.09.2025 an amount of Rs. 22,00,000/- was deposited and on 28.07.2026 remaining amount of Rs. 1,02,12,000/- was deposited as in the meantime there was dispute raised about initially deposited amount of Rs. 5,80,00,000/-. Now, an application is made seeking permission to withdraw the amount in the same proportion in which earlier amount was directed to be withdrawn. 4. It is further case of the present applicants that the applicant Nos. 1, 4 to 6 have relinquished their share in favour of applicant Nos. 2 and 3. Therefore, prayer is made to allow only applicant 3 7-CA 10783-2026.odt Nos. 2 and 3 to withdraw the amount of the share of all the applicants. It is submitted that, a relinquishment deed is executed by other applicants on 09.02.2024 relinquishing their right in favour of applicant Nos. 2 and 3. The learned advocate also submits that in Civil Application No. 10260/2025 this Court had allowed the application in terms of prayer clause (B) wherein, it is already prayed that the amount be released only in favour of applicant Nos. 2 and 3. 5. This Court has seen the copy of relinquishment deed dated 09.02.2024 which was annexed to the earlier Civil Application No. 10260/2025. From the wording we find that those applicants had relinquished only the amount which will be enhanced in the appeals filed by the applicants for enhancement. There is no wording showing that they have relinquished the share in the amount which is already enhanced by the Reference Court. We, therefore, find that a request to the extent of allowing only applicant Nos. 2 and 3 to withdraw the amount cannot be accepted. However, since already this Court had permitted the applicants to withdraw the amount to the extent of 75% as then was deposited in the office of this Court, the present application 4 7-CA 10783-2026.odt also stands allowed partly. 6. The applicants are entitled to withdraw 50% of the amount deposited on 22.09.2025 and 28.07.2026 alongwith accrued interest on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. 25% of the amount alongwith accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. Remaining 25% of the amount shall be deposited in any Nationalized Bank till the appeals are decided. 7. With this, the civil application stands disposed of. ( JITENDRA JAIN, J.) ( KISHORE C. SANT, J. ) P.S.B.