Bombay High Court

THE EX. ENGINEER, IRRIGATION STRENGTHENING DIV. OMERAGAversusBHANUDAS DATTU JADHAV AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

Since the entire amount under the award has been deposited, the objection does not survive and the civil application is allowed.

Summary

The Executive Engineer, Irrigation Strengthening Division Omerga filed a civil application seeking relief under prayer clause ‘A’. The respondent argued that the required amount had not been deposited within the stipulated period. The applicant’s counsel demonstrated that the amount was actually deposited on 07‑07‑2025. The Court held that the objection regarding non‑deposit could not survive in view of the evidence of deposit. Consequently, the civil application was allowed and disposed of.

Issues considered

Whether the objection that the award amount was not deposited within the stipulated period is maintainable
Whether the civil application can be granted on the basis that the entire award amount has been deposited

Subjects

civil application
award
deposit
objection
High Court

Judgment

2026:BHC-AUG:38706




                                             1                          926 ca 191.21

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 191 OF 2021
                                              IN
                                 FIRST APPEAL NO. 2595 OF 2025

                        The Executive Engineer, Irrigation
                        Strengthening Division Omerga           ..   Applicant

                                Versus

                        Bhanudas Dattu Jadhav and others        ..   Respondents

                 Shri Mukul S. Kulkarni, Advocate for the Applicant.
                 Mrs. Deepali S. Jape, Advocate for the Respondent Nos. 2 and 3.

                                    CORAM : MANJUSHA A. DESHPANDE, J.
                                     DATE : 27TH AUGUST, 2026.

                 ORDER :


                 .      Although the office remark shows that the amount is not
                 deposited within stipulated period, learned advocate for the
                 applicant points out that in fact the amount is deposited on
                 07.07.2025. In view of the same objection would not survive.


                 2.     Since the entire amount under the award is already
                 deposited by the applicant – acquiring body, the civil application
                 is allowed in terms of prayer clause ‘A’. The civil application is
                 disposed of.



                                              [ MANJUSHA A. DESHPANDE J. ]

                 bsb/Aug. 26

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