Bombay High Court
THE EXECUTIVE ENGINEER, NIMNA DUDHNA PROJECT, HAVING ITS OFFICE AT JAYAKWADI, SELU.versusBHIMRAO HONAJI LATE SINCE DECEASED THR LRS JANARDHAN AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that the applicant had made out a case for extension and permission to deposit, and therefore allowed the application.
Summary
The Executive Engineer, Nimna Dudhna Project, filed a civil application seeking an extension of time to deposit a compensation amount ordered by the court, and permission for the office to accept the payment. The court examined the applicant’s averments and found that the applicant had made out a sufficient case for the extension. Accordingly, the court granted the extension of time and allowed the deposit of Rs 1,10,49,948 by cheque dated 1‑Sept‑2026, directing the office to accept it. Additionally, the court permitted the claimants to withdraw the deposited amount with accrued interest under terms the Registrar may set. The application was thus allowed in accordance with the prayer clauses B and C.
Issues considered
- Whether the applicant is entitled to an extension of time to deposit the compensation amount
- Whether the court can permit the deposit of compensation by cheque and direct the office to accept it
Subjects
- extension of time
- compensation deposit
- civil procedure
- court order
- withdrawal of amount
- interest
Judgment
2026:BHC-AUG:43315
CA 10898/26
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
905 CIVIL APPLICATION NO. 10898 OF 2026
IN FA/863/2013
THE EXECUTIVE ENGINEER, NIMNA DUDHNA PROJECT, HAVING ITS OFFICE
AT JAYAKWADI, SELU.
VERSUS
BHIMRAO HONAJI LATE SINCE DECEASED THR LRS JANARDHAN AND ORS.
...
Advocate for Applicant : Mr. A.D. Gadekar
AGP for Respondents 2 & 3 : Mr. S.N. Morampalle
Advocate for Respondent 1 : Mr. D.M. Kakade
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : September 22, 2026
PER COURT :-
1. By this application the applicants/acquiring body seeks extention of
time to deposit the compensation amount as this Hon’ble Court has
directed the applicant to deposit the amount within twelve weeks and also
seeks permission to deposit the compensation amount and prays to direct
the office to accept the amount.
2. Considering the averments made in the application, I hold that the
applicant has made out the case to deposit the amount. Considering the
above, the application is allowed in terms of prayer clause ‘B’ and ‘C’, which
is as under :-
“B] Time to deposit the compensation amount may kindly
be extended.
C] The applicant may kindly be permitted to deposit the
compensation amount as per Cheque dated 1.9.2026
[Rs.1,10,49,948/-] and the office may kindly be directed to
accept the compensation amount. “
CA 10898/26
2
3. Claimants are also permitted to withdraw the amount deposited by
the acquiring body along with the accrued interest thereon on such terms
and conditions which the Registrar Judicial of this Court may deem fit.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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