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Bombay High Court

GANESH CHANGANRAO SOLANKAR DIED THROUGH LRSversusTHE STATE OF MAHARASHTRA THORUGH SLAO SPECIAL UNIT AURANAGABAD

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court ordered the respondent to deposit the deficit amount together with a 12% interest component within 60 days.

Summary

The original claimants filed two civil applications seeking a court order directing the respondent to deposit a deficit amount arising from a miscalculation of days in a prior award, together with 12% interest. The court found that the discrepancy in calculation was undisputed and that the award had been corrected after the appeals. Consequently, the court allowed both applications and ordered the respondent to deposit the shortfall plus interest in the court’s office within 60 days. The judgment emphasizes the court’s power to enforce compliance with its awards and to correct monetary deficiencies. No other substantive legal issues were raised.

Issues considered

  • Whether the respondent should be directed to deposit the deficit amount arising from the corrected award, along with interest, in the court’s office

Subjects

  • civil application
  • deficit amount
  • interest
  • court award
  • miscalculation
  • direction to deposit
  • court enforcement

Judgment

                                  -1-

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                    935 FIRST APPEAL NO. 2794 OF 2023

     EKNATH PUNJAJI NAWALE DIED THR LRS BHIMABAI EKNATH
                       NAWALE AND ORS
                            VERSUS
      THE STATE OF MAHARASHTRA THROUGH SLAO SPE. UNIT
                  AURANGABAD AND ANOTHER
                             WITH
                 FIRST APPEAL NO. 3034 OF 2023

      CITY AND INDUSTRIAL DEVELOPMENT CORPORATION LTD
                            VERSUS
            BABASAHEB KADUBA NAWALE AND ANOTHER
                             WITH
                  FIRST APPEAL NO. 141 OF 2024

      CITY AND INDUSTRIAL DEVELOPMENT CORPORATION LTD
                            VERSUS
         GAJANAN CHAGANRAO SOLANKER AND ANOTHER
                             WITH
                 FIRST APPEAL NO. 2441 OF 2023

      CITY AND INDUSTRIAL DEVELOPMENT CORPORATION LTD
                            VERSUS
           EKNATH PUNJAJI NAWALE DIED THROUGH LRS
                             WITH
                 FIRST APPEAL NO. 2787 OF 2023

      CITY AND INDUSTRIAL DEVELOPMENT CORPORATION LTD
                            VERSUS
       GANESH CHANGANRAO SOLANKAR DIED THROUGH LRS
                             WITH
                 FIRST APPEAL NO. 2176 OF 2024

                    GAJANAN CHAGANRAO SOLANKAR
                              VERSUS

khs/Jan.2026/2794
                             -2-

    THE STATE OF MAHARASHTRA THROUGH SLAO SPECIAL UNIT
                  AURANGABAD AND ANOTHER
                             WITH
                 FIRST APPEAL NO. 2177 OF 2024

             SANTOSH EKNATH ZHALKE AND OTHERS
                            VERSUS
      THE STATE OF MAHARASHTRA THROUGH SLAO SPE. UNIT
                   AURANGABAD AND ANOTHER
                             WITH
                  FIRST APPEAL NO. 140 OF 2024

      CITY AND INDUSTRIAL DEVELOPMENT CORPORATION LTD
                            VERSUS
             SANTOSH EKNATH ZHALKE AND OTHERS
                             WITH
                 FIRST APPEAL NO. 2929 OF 2025

  GANESH CHAGANRAO SOLANKER DEAD THROUGH LRS SUNITA
               GANESH SOLANKAR AND OTHERS
                           VERSUS
  THE STATE OF MAHARASHTRA THROUGH S.L.A.O. SPECIAL UNIT
                 AURANGABAD AND ANOTHER
                            WITH
                FIRST APPEAL NO. 2793 OF 2023

             RAMNATH BARKU TAMBE AND ANOTHER
                            VERSUS
    THE STATE OF MAHARASHTRA THROUGH SLAO SPECIAL UNIT
                  AURANGABAD AND ANOTHER
                             WITH
                 FIRST APPEAL NO. 2796 OF 2023

                    BABASAHEB KADUBA NAVALE
                             VERSUS
        THE STATE OF MAHARASHTRA THR SLAO SPECIAL UNIT
                    AURANGABAD AND ANOTHER
                              WITH
                   FIRST APPEAL NO. 497 OF 2023


khs/Jan.2026/2794
                                 -3-


                CIDCO AURANGABAD CHIEF OFFICER CIDCO
                                  VERSUS
                  RAMNATH BARKU TAMBE AND OTHERS
                                   WITH
                   CIVIL APPLICATION NO. 15939 OF 2022
                              IN FA/497/2023

                CIDCO AURANGABAD CHIEF OFFICER CIDCO
                                  VERSUS
                  RAMNATH BARKU TAMBE AND OTHERS
                                   WITH
                   CIVIL APPLICATION NO. 11413 OF 2024
                              IN FA/140/2024

          SANTOSH EKNATH ZHALKE DEAD AND OTHERS
                             VERSUS
    THE STATE OF MAHARASHTRA THROUGH SLAO SPECIAL UNIT
                  AURANGABAD AND ANOTHER
                              WITH
              CIVIL APPLICATION NO. 12730 OF 2025
                         IN FA/2441/2023

          EKNATH PUNJAJI NAWALE DEAD THROUGH LRS
                             VERSUS
    THE STATE OF MAHARASHTRA THROUGH SLAO SPECIAL UNIT
                          AURANGABAD
                              WITH
              CIVIL APPLICATION NO. 13336 OF 2025
                         IN FA/2787/2023

      GANESH CHANGANRAO SOLANKAR DIED THROUGH LRS
                         VERSUS
    THE STATE OF MAHARASHTRA THROUGH SLAO SPECIAL UNIT
                       AURANGABAD

Mr.A.B.Kale, Advocate for the appellant/applicants.
Mr.B.V.Virdhe, AGP for the respondent/State.
Mr.S.V.Deshmukh, Advocate for respondent No.2.


khs/Jan.2026/2794
                                    -4-


                      ( CORAM : KISHORE C. SANT AND
                                SUSHIL M. GHODESWAR, JJ. )

                         DATE : 8 JANUARY, 2026

PER COURT :

                    CIVIL APPLICATION NO. 12730 OF 2025
                               IN FA/2441/2023
                                    WITH
                    CIVIL APPLICATION NO. 13336 OF 2025
                               IN FA/2787/2023


1.              These are the applications filed by the original claimants

seeking directions to respondent No.2 to deposit the amount in the

office of this Court. The difference is because of the wrong calculation

in the number of days, as the Court passing the award has corrected the

dates subsequent to filing of the appeals.        This position is not in

dispute.



2.              In view of the above, both these applications are allowed

and Respondent No.2 is directed to deposit the deficit amount

alongwith 12 percent component, in the office of this Court, within a

period of 60 days from today.




khs/Jan.2026/2794
                                     -5-

3.              Civil applications are allowed in the above terms.




     ( SUSHIL M. GHODESWAR, J.)                  ( KISHORE C. SANT, J.)




khs/Jan.2026/2794


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