Bombay High Court
The Executive Engineer (nirman) (construction), central railway solapur.versusBapu Kisan Bhosale and others.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court condoned the 2,030‑day delay in filing the appeal, allowing the appeal to be registered subject to removal of any office objections.
Summary
The Executive Engineer (Nirman) of Central Railway filed a delay application seeking condonation of a 2,030‑day lapse in filing an appeal against an award of the Reference Court. The applicant argued that the delay was due to administrative reasons and that the entire awarded amount had been deposited with the Court registry, causing no prejudice to the respondents. The Court examined the reasons and found the deposit sufficient to mitigate any prejudice. Consequently, the Court allowed the delay application, condoning the 2,030‑day delay and directing that the appeal be registered subject to removal of any office objections. A concurrent stay application was also disposed of, with the Court noting the full deposit of the award and allowing the civil application.
Issues considered
- Whether a delay of 2,030 days in filing an appeal can be condoned under the Civil Procedure Code
- Whether the full deposit of the awarded amount negates prejudice to the respondents
Subjects
- condonation of delay
- appeal filing
- civil procedure
- stay application
- deposit of award
- high court
Judgment
2026:BHC-AUG:34237
966-ca-11492-2025.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 11492 OF 2025
IN FAST/30191/2025
The Executive Engineer (nirman) (construction) Central Railway
Solapur.
VERSUS
Bapu Kisan Bhosale And Others
...
Advocate for Applicant : Mr. Navander Manish Nandkishore
AGP for Respondent/State : Mr. R.K. Ingole
WITH
CIVIL APPLICATION NO. 11491 OF 2025
IN FAST/30191/2025
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : AUGUST 06, 2026
PER COURT :-
In Delay Application :
1. Heard Mr. Navender, learned advocate appearing for
applicant.
2. The applicant seeks to condone delay of 2030 days
caused in filing appeal.
3. Perused application and reasons stated therein.
Apparently, delay is caused on account of administrative reasons
which are duly explained. Further, applicant has deposited entire
awarded amount with registry of this Court. As such, no prejudice
would be caused to respondents.
4. Hence, application is allowed. Delay of 2030 days caused
in filing appeal stands condoned. First Appeal be registered subject to
removal of office objections, if any.
966-ca-11492-2025.odt
(2)
In Stay Application :
1. Heard Mr. Navender, learned advocate appearing for
applicant.
2. Mr. Navander points out that entire amount as per award
passed by Reference Court is deposited.
3. In that view of matter, civil application is allowed and
disposed of.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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