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Bombay High Court

THE EX. ENGINEER, MEDIUM PROJECT DIVISION, LATUR AND ANRversusBHALCHANDRA LALASAHEB MORE

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The stay granted earlier is confirmed as the condition of depositing 70% of the award amount has been satisfied.

Summary

The Ex. Engineer, Medium Project Division, Latur filed two civil applications seeking confirmation of a stay that the High Court had granted on 20 October 2021 on the execution of an award, conditioned upon the deposit of 70% of the award amount. The acquiring body deposited Rs.2,98,362 (70% of the amount) on 31 May 2024, as evidenced by a cheque tendered in court. The court examined whether the deposit condition had been satisfied and consequently whether the stay should continue. Finding that the condition was fulfilled, the court confirmed the stay and disposed of both applications. The Civil Application No. 10208 of 2021 was allowed in terms of Prayer Clause (B) and the Civil Application No. 9369 of 2026 was also disposed.

Issues considered

  • Whether the stay of execution granted on 20 October 2021 should be confirmed upon fulfillment of the condition to deposit 70% of the award amount
  • Whether the civil applications seeking confirmation of the stay should be dismissed or allowed

Subjects

  • stay of execution
  • award
  • deposit condition
  • civil application
  • irrigation department
  • high court

Judgment

2026:BHC-AUG:38341
                                                    1                        927-CA-9369-2026.odt




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                  927 CIVIL APPLICATION NO. 9369 OF 2026
                                              IN FA/2226/2026

                           The Ex. Engineer, Medium Project Division, Latur And Anr.
                                                  VERSUS
                                        Bhalchandra Lalasaheb More.

                                                   WITH
                                   CIVIL APPLICATION NO. 10208 OF 2021
                                              IN FA/2226/2026

                    The Ex. Engineer, Medium Project Division, Latur And Anr
                                             VERSUS
                                   Bhalchandra Lalasaheb More
                                                 ...
             Mr.Munde Suresh W. for the Applicants.
             Mr.Yashraj H.G. h/f Mr.Gunale V.D. the the sole Respondent.
                                                         ….

                                        CORAM           : MANJUSHA DESHPANDE, J.
                                        DATE            : 21.08.2026

             PER COURT :


             1.                These Applications are filed by the Appellant/Acquiring Body

             to confirm the stay granted by this Court on October, 20, 2021. The

             learned Advocate appearing for the Acquiring Body submits that this

             Court had granted stay to the execution of the impugned award on the

             condition that 70% of the amount shall be deposited. He submits that in

             view of the order passed by this Court the Acquiring Body has deposited,

             the 70% of the amount before the Executing Court, i.e., Civil Judge

             Senior Division, Latur. The communication to that effect is annexed at

             Sunny Thote
                                    2                      927-CA-9369-2026.odt


Page No.14 in the Civil Application, addressed by the Executive Engineer,

Irrigation Department, Latur. On receipt of the amount to be deposited a

cheque is tendered across the bar, which shows that an amount of

Rs.2,98,362/- has been deposited on 31st May, 2024.

2.            In view of the aforementioned facts and fulfillment of

condition to deposit, the stay granting by this Court is confirmed. The

Civil Application No.10208 of 2021 is allowed in terms of Prayer Clause

(B) and accordingly disposed off.

3.            Similarly, the Civil Application No. 9369 of 2026 stands

disposed off.



                                        [ MANJUSHA DESHPANDE, J. ]




Sunny Thote


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