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2026 DAILYLAW 20658 (BOM)

SHRI NAMDEV MANGU RATHOD v. THE STATE OF MAHARASHTRA

CA/11681/2026 · 2026-10-08

body2026

Judgment text

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1 975.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11681 OF 2026 IN FAST/18956/2025 WITH CIVIL APPLICATION NO. 7593 OF 2025 IN FAST/18956/2025 SHRI NAMDEV MANGU RATHOD VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for Applicant : Mr. A.A. Nimbalkar AGP for Respondent Nos. 1 & 2 : Ms. P.V. Diggikar Advocate for Respondent No. 3 : Mr. G.G. Suryawanshi … CORAM : MANJUSHA DESHPANDE, J. DATE : 08TH OCTOBER, 2026 PER COURT : Application for withdrawal of amount : 1. This Civil Application has been filed by the Claimant in the Appeal filed by the acquiring body. 2. The partial amount is deposited by the acquiring body on 02.05.2026 and 20.08.2026. 3. As per the condition for grant of stay, the acquiring body was directed to deposit the entire amount within a period of twelve weeks, for which further extension has been granted. 4. Learned Advocate for the Applicant submits that the principle amount under the award is Rs. 2,56,00,000/- which would 2 975.odt further carry interest thereon. The entire amount has not been deposited only partial amount has been deposited by the acquiring body. 5. Pursuant to the condition for grant of stay as per the order passed by this Court and in view of the partial amount deposited by the acquiring body, the Claimant is seeking withdrawal of amount. 6. The Civil Application is allowed. 7. The Applicant/Claimant is entitled to withdraw 50% of the amount deposited by the acquiring body subject to furnish an undertaking to the satisfaction of the Registrar (Judicial) of this Court and 25% of the amount deposited on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. The balance 25% of the amount shall be invested in the fixed deposit in any nationalized bank during the pendency of the First Appeal. 8. Civil Application stands disposed of. Application for stay : 9. The acquiring body to take steps for depositing the balance amount which is still not deposited which was condition precedent for granting stay within a period of six weeks. ( MANJUSHA DESHPANDE, J. ) SPC