Bombay High Court

The Executive Engineer Seena Kolegaon Project Div Paranda and OrsversusMaruti S/o Laxman Jagtap and Anr

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the 147‑day delay is condonable, the interim stay remains in force, and the claimants may withdraw 75% of the deposited amount upon giving an undertaking not to claim further statutory benefits or interest.

Summary

The Executive Engineer Seena Kolegaon Project Division filed multiple civil applications seeking condonation of a 147‑day delay in filing appeals, confirmation of an interim stay granted on 08.07.2025, and permission to withdraw a deposited amount. The Court condoned the delay, allowing the applications to proceed. It affirmed that the stay would continue to operate during the pendency of the appeals. The Court noted that the acquiring body had deposited the amount on 07.04.2026 and permitted the claimants to withdraw 75% of it, subject to an undertaking not to claim any statutory benefit or interest for the delayed period. All the civil applications were ordered to stand disposed of.

Issues considered

Whether a delay of 147 days in filing appeals can be condoned.
Whether the interim stay granted on 08.07.2025 should continue during the pendency of the appeals.
Whether the claimants may withdraw the deposited amount and under what conditions.

Subjects

condonation of delay
stay order
withdrawal of amount
civil applications
interim relief
undertaking

Judgment

2026:BHC-AUG:41047


                                               1                      1058.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD


                          CIVIL APPLICATION NO. 11472 OF 2024
                                   IN FAST/26880/2024
                                         WITH
                          CIVIL APPLICATION NO. 11474 OF 2024
                                   IN FAST/26880/2024
                                         WITH
                          CIVIL APPLICATION NO. 11475 OF 2024
                                   IN FAST/26884/2024
                                         WITH
                          CIVIL APPLICATION NO. 11476 OF 2024
                                   IN FAST/26884/2024
                                         WITH
                          CIVIL APPLICATION NO. 9086 OF 2026
                                   IN FAST/26880/2024
                                         WITH
                          CIVIL APPLICATION NO. 9085 OF 2026
                                   IN FAST/26884/2024

               THE EXECUTIVE ENGINEER SEENA KOLEGAON PROJECT DIV
                                PARANDA AND ORS

                                           VERSUS

                         MARUTI S/O LAXMAN JAGTAP AND ANR

                                               ...
                        Advocate for Applicants : Mr. Madhav N. Kalyane
                                 h/f. Mr. Gulab Balbhim Rajale
                          Advocate for Respondents : Mr. V.N. Dhavse
                                 h/f. Mr. Undre Vikram Shivaji
                                               …

                                    CORAM : MANJUSHA DESHPANDE, J.

                                     DATE     : 03rd SEPTEMBER, 2026
                                       2                        1058.odt


PER COURT :

Delay Applications :

1.             The Civil Applications are filed for condonation of delay of

147 days in filing the Appeals.

2.             For the reasons stated in the Applications, delay is

condoned.

3.             Civil Applications shall stand disposed of.



Stay Applications :

4.             This Court has granted ad-interim relief on 08.07.2025. The

amount has been deposited by the acquiring body pursuant to the

direction issued by this Court for grant of stay. The amount is already

deposited on 07.04.2026.

5.             In view thereof, the Applications for stay are allowed.

6.             The stay shall continue to operate during the pendency of

the Appeals.

7.             Stay Applications shall stand disposed of.



CAs for withdrawal of amount :

8.             The Applications filed for withdrawal of amount by the

Claimants.
                                      3                       1058.odt


9.            The amount is already deposited by the acquiring body on

07.04.2026.

10.           The Applicants are permitted to withdraw 75% of the

amount upon giving an undertaking to the Registrar (Judicial) of this

Court stating that they would not claim any statutory benefit and interest

for the delayed period in filing the Appeal. The undertaking shall be filed

within a period of two weeks.

11.           Civil Applications shall stand disposed of.




                                      ( MANJUSHA DESHPANDE, J. )




SPC

Continue reading with your account

Checking your session…