Bombay High Court
The Executive Engineer Seena Kolegaon Project Div Paranda and OrsversusSantosh S/o Rambhau Jagtap and Anr
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the delay, upheld the interim stay, and permitted withdrawal of 75% of the deposited amount upon an undertaking.
Summary
The Executive Engineer Seena Kolegaon Project Division and others filed multiple civil applications seeking condonation of a 147‑day delay in filing their appeals, continuation of an interim stay previously granted, and permission to withdraw a portion of an amount deposited by the acquiring body. The Court, after considering the reasons, condoned the delay and disposed of the delay applications. It confirmed that the interim stay would remain in effect throughout the pendency of the appeals and ordered the stay applications disposed of. Regarding the withdrawal, the Court allowed the claimants to withdraw 75% of the deposited amount provided they give an undertaking not to claim any statutory benefit or interest for the delayed filing period. The undertaking must be filed within two weeks, and the related applications were also 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 75% of the deposited amount subject to an undertaking.
Subjects
- condonation of delay
- stay of execution
- withdrawal of deposited amount
- civil applications
- appeal procedure
Judgment
2026:BHC-AUG:41045
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
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