Bombay High Court

The Executive Engineer Irrigation Project Strengthening Division Omerga OsmanabadversusManohar Bhujang Gawali and ors

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court permitted withdrawal of 50% of the deposited amount upon an undertaking and 25% upon a surety, confirmed the stay, and admitted the appeal.

Summary

The claimants filed a civil application seeking withdrawal of a portion of an amount that had been deposited by the acquiring body pursuant to a court order dated 26‑09‑2024, which required 75% of the award amount with interest to be deposited within 12 weeks. The Court allowed the claimants to withdraw 50% of the deposited amount upon furnishing a usual undertaking and an additional 25% upon furnishing a solvent surety to the Registrar. The application for withdrawal was therefore disposed of. In a separate civil application for stay, the Court noted that the acquiring body had complied with the deposit condition and thus confirmed the stay previously granted. Consequently, the appeal related to the stay was admitted and listed for hearing on 23‑10‑2026.

Issues considered

Whether the claimants are entitled to withdraw a specified percentage of the amount deposited by the acquiring body.
Whether the Court should confirm the stay granted earlier in view of compliance with the deposit condition.
Whether the appeal against the stay order should be admitted.

Subjects

civil procedure
stay of execution
withdrawal of deposited amount
surety
appeal

Judgment

2026:BHC-AUG:42272


                                                  1                        957.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 10669 OF 2026
                                        IN FA/322/2025
                                            WITH
                             CIVIL APPLICATION NO. 10282 OF 2024
                                        IN FA/322/2025
                                  MANOHAR BHUJANG GAWALI
                                               VERSUS
                           THE EXECUTIVE ENGINEER AND OTHERS
                                                  ...
                        Advocate for Applicant : Mr. Naiknavare Ramesh Vitthal
                         AGP for Respondent/s – State : Mr. K.S. Hoke Patil
                        Advocate for Respondent No. 1 : Mr. Avishkar S. Shelke
                                                  …

                                        CORAM : MANJUSHA DESHPANDE, J.
                                        DATE : 11th SEPTEMBER, 2026


              PER COURT :

              Civil Application for withdrawal of amount :

              1.            The Application is filed by the Claimant for withdrawal of

              amount.

              2.            The amount is deposited by the acquiring body as per the

              order passed by this Court on 26.09.2024. This Court while issuing notice

              and granting stay to the impugned judgment had directed to deposit 75 %

              of the amount of the award with interest within a period of 12 weeks.

              3.            In view of the Application made by the Claimants, the

              Applicants / Claimants are allowed to withdraw 50% amount from the
                                       2                       957.odt


75% of the amount which is deposited in this Court, upon furnishing

usual undertaking and 25% amount upon furnishing solvent surety to the

Registrar (Judicial), of this Court.

4.             The Civil Application for withdrawal of amount, stands

disposed of.



Civil Application for stay :

5.             Pursuant to the order passed by this Court on 26.09.2024,

which was a condition for grant of stay by this Court, the acquiring body

has deposited the amount. Hence, the Civil Application is disposed of by

confirming the stay granted by this Court.

6.             In view of the disposal of the stay Application by confirming

the stay, the Appeal is admitted.

7.             Call record and proceedings.

8.             List the Appeal on 23.10.2026.




                                       ( MANJUSHA DESHPANDE, J. )




SPC

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