902-ia-3183-2026-fa-784-2010.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3183 OF 2026 IN FIRST APPEAL NO. 784 OF 2010 Kunal Sancheti Associates through its Partner Mr. Hemendra Shah … Applicant/Appellant vs. The State of Maharashtra and Ors … Respondents Mr. Mayuresh Ingale for the Applicant. Mr. D.J. Haldankar, AGP for the Respondent-State. CORAM : GAURI GODSE, J. DATED : 18th SEPTEMBER 2026 ORDER: 1. This application is filed by the original plaintiff seeking withdrawal of the amount deposited by the applicant in this court and for discharge and cancellation of the bank guarantee. 2. Learned counsel for the applicant submits that the suit filed by the applicant challenging the notice issued against the applicant under Section 48 of the Maharashtra Land Revenue Code, 1966 was challenged by filing a suit. The plaint was rejected under Order VII Rule 11 of the Civil Procedure Code, 1908. Hence, the applicant Page no. 1 of 4 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2026.09.19 11:29:25 +0530 902-ia-3183-2026-fa-784-2010.doc had preferred the first appeal in this court. In the first appeal there was an interim stay granted subject to the condition of depositing part of the notice amount and furnishing a bank guarantee for part of the amount. Pursuant to the said order the amount is deposited in this court and the bank guarantee is also submitted in this court. He further submits that in view of the change in the pecuniary jurisdiction, the first appeal was transferred to the district court. The appeal was allowed by the district court and the suit was restored. By the judgment and decree dated 20th October 2021, the suit is decreed and the impugned notice is declared illegal, null and void. Accordingly, defendant no.3 was restrained from executing the order for recovering the amount. 3. Learned counsel for the applicant submits that the amount deposited in this court and the bank guarantee submitted in this court pursuant to the order dated 12th January 2011 have continued to remain in this court. He submits that the decree in favour of the applicant is not challenged by the respondent. Hence, the amount deposited in this court be permitted to be withdrawn by the applicant and the bank guarantee be cancelled. He submits that since the amount is deposited in view of the impugned notice which now stands cancelled, there is no liability on the applicant to make any Page no. 2 of 4 902-ia-3183-2026-fa-784-2010.doc payment. 4. Learned AGP was granted time on various occasions to verify whether the decree in favour of the applicant is challenged. However, learned AGP has no instructions as to whether the decree is challenged. Learned counsel for the applicant submits that as per the knowledge of the applicant, the decree in favour of the applicant is never challenged by the respondents. 5. I have perused the papers of the application and the decree passed by the trial court. Learned counsel for the applicant is right in submitting that in view of the decree in favour of the applicant, there is no liability on the applicant to make payment to the respondent as per the impugned notice which is declared as illegal. The amount was deposited by the applicant as a condition for a stay in implementing the impugned notice. Hence, the applicant is now entitled to withdraw the amount and is also entitled to cancellation of the bank guarantee. 6. For the reasons recorded above, the interim application is allowed by passing the following order: I) The applicant is permitted to withdraw the amount deposited in this court pursuant to the order dated 12th January 2011 along with the accrued interest, if any. Page no. 3 of 4 902-ia-3183-2026-fa-784-2010.doc II) The amount be released in favour of the applicant on production of an authenticated copy of this order. III) The bank guarantee submitted by the applicant pursuant to the order dated 12th January 2011, stands discharged. The bank guarantee shall be returned to the applicant for submitting it before the concerned bank for cancellation. 7. All the concerned parties shall act on the authenticated copy of this order. 8. Interim Application is allowed in the aforesaid terms. (GAURI GODSE, J.) Page no. 4 of 4