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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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