Chandrakala Radhakishan Brijwasi, Died, Thr. L.Rs. Radhakishan Died Thr Lrs Gopal And Ors vs. The State Of Mah, Thr. Collector, Latur And Anr
Held
The Court allowed the application, modifying the previous order. The reasoning was based on the applicants' submission regarding the substantial financial burden imposed by the bank's charges, including interest and 18% GST on the deposited compensation amount. The Court found the application to be deserving of allowance. The operative direction was to allow the application in terms of prayer clause ‘B’, which presumably pertains to the substitution of the bank guarantee with solvent surety/security. No issues were expressly left undecided.
Facts
The applicants, Chandrakalabai Radhakishan Brijwasi (deceased) through her legal representatives and another, filed Civil Application No. 9128 of 2025 seeking modification of a previous High Court order dated 19/12/2017. The earlier order had permitted the applicants to furnish a bank guarantee for the withdrawal of 50% of a compensation amount. The applicants' current grievance is that the bank is charging Rs. 9 Lakhs as interest, plus 18% GST on the deposited amount. Consequently, they are requesting permission to provide a solvent surety or security in lieu of the bank guarantee.
Key Issues
1. Whether the applicants should be permitted to furnish solvent surety/security instead of a bank guarantee for the withdrawal of 50% of the compensation amount, considering the financial burden of interest and GST imposed by the bank. The applicants argued that the bank's charges for interest and GST on the deposited amount are excessive, necessitating an alternative form of security. The respondents (State of Maharashtra and another) opposed the application. The judgment does not explicitly record arguments from the respondents beyond stating they opposed the application.
Sections Cited
GST
AI-generated summary — verify with the full judgment below
1 917-CA-9128-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9128 OF 2025 IN FA/2113/2015 CHANDRAKALABAI RADHAKISHAN BRIJWASI DIED, THROUGH L.RS. AND ANOTHER VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Mr. Balbhim R. Kedar, Advocate for Applicant Mr. A. V. Lavte, AGP for Respondent/State ...
CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL JADHAV, JJ. DATE : 28th NOVEMBER, 2025 PER COURT :
By this application, the applicants are seeking modification of the order dated 19/12/2017 passed by this Court in Civil Application No.13598/2017, by which the applicants were permitted to furnish bank guarantee for withdrawal of 50% of the compensation amount.
Learned advocate for applicants submits that the bank is charging Rs.9 Lakhs towards interest plus 18% GST on the amount which is already deposited with the bank. Therefore, they are seeking permission to furnish solvent surety / security instead of bank guarantee.
Having heard learned advocate for applicants as well as learned AGP who has opposed the
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Bombay High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.