Bombay High Court
The Executive Director, Tapi Khore Vikas Mahamandal, Jalgaon and AnotherversusPankaj Dattatrya Kale and Others
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SACHIN S DESHMUKH
Holding
The court held that the delay is condoned and a stay is granted subject to deposit of the award amount with interest within twelve weeks.
Summary
The Executive Director of Tapi Khore Vikas Mahamandal, Jalgaon filed several civil applications (Nos. 2728, 2729, 2738, 2739, 2751, 2752, 2753, 2754, 2763, 2764 of 2026) seeking condonation of delay and a stay of the award amount. The respondents, represented by counsel, were served notice and accepted it. The High Court, after hearing, condoned the delay in all the applications and allowed them. It also granted a stay of the award, subject to the plaintiff depositing the entire award amount with accrued interest within twelve weeks. The applications were consequently disposed in accordance with these orders.
Issues considered
- Whether the delay in filing the civil applications can be condoned under the Civil Procedure Code.
- Whether a stay of the award can be granted pending deposit of the award amount with interest.
Subjects
- civil procedure
- condonation of delay
- stay of execution
- award deposit
- interest
- High Court
- multiple civil applications
Judgment
2026:BHC-AUG:23308
968-972 CA2728.2026+
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
968 CIVIL APPLICATION NO. 2728 OF 2026
IN FAST/6626/2026
THE EXECUTIVE DIRECTOR, TAPI KHORE VIKAS MAHAMANDAL,
JALGAON AND ANOTHER
VERSUS
KUNDAN ASHOK KOLI AND OTHERS
...
Advocate for Applicant : Mr. Vivek Vishnu Tarde
AGP for Respondent/State: Mr. V. K. Kotecha
Advocate for Respondents/Claimants : Ms. Sakshi Ajeet Kale h/f. A. B.
Kale
...
WITH
CIVIL APPLICATION NO. 2729 OF 2026
IN FAST/6626/2026
…
AND
…
969 CIVIL APPLICATION NO. 2738 OF 2026
IN FAST/6623/2026
THE EXECUTIVE DIRECTOR, TAPI KHORE VIKAS MAHAMANDAL,
JALGAON AND ANOTHER
VERSUS
DIGAMBAR GOVIND PATIL AND OTHERS
...
Advocate for Applicant : Mr. Vivek Vishnu Tarde
AGP for Respondent/State: Mr. V. K. Kotecha
Advocate for Respondents/Claimants : Ms. Sakshi Ajeet Kale h/f. A. B.
Kale
...
WITH
CIVIL APPLICATION NO. 2739 OF 2026
IN FAST/6623/2026
968-972 CA2728.2026+
-2-
…
AND
…
970 CIVIL APPLICATION NO. 2751 OF 2026
IN FAST/6613/2026
THE EXECUTIVE DIRECTOR, TAPI KHORE VIKAS MAHAMANDAL,
JALGAON AND ANOTHER
VERSUS
PANKAJ DATTATRYA KALE AND OTHERS
...
Advocate for Applicant : Mr. Vivek Vishnu Tarde
AGP for Respondent/State: Mr. V. K. Kotecha
Advocate for Respondents/Claimants : Ms. Sakshi Ajeet Kale h/f. A. B.
Kale
...
WITH
CIVIL APPLICATION NO. 2752 OF 2026
IN FAST/6613/2026
…
AND
…
971 CIVIL APPLICATION NO. 2753 OF 2026
IN FAST/6617/2026
THE EXECUTIVE DIRECTOR, TAPI KHORE VIKAS MAHAMANDAL,
JALGAON AND ANOTHER
VERSUS
BHARAT DATTATRAY KALE AND OTHERS
...
Advocate for Applicant : Mr. Vivek Vishnu Tarde
AGP for Respondent/State: Mr. V. K. Kotecha
Advocate for Respondents/Claimants : Ms. Sakshi Ajeet Kale h/f. A. B.
Kale
...
WITH
CIVIL APPLICATION NO. 2754 OF 2026
IN FAST/6617/2026
968-972 CA2728.2026+
-3-
…
AND
…
972 CIVIL APPLICATION NO. 2763 OF 2026
IN FAST/6620/2026
THE EXECUTIVE DIRECTOR, TAPI KHORE VIKAS MAHAMANDAL,
JALGAON AND ANOTHER
VERSUS
KRUSHNA GOPAL PATIL (POA) AND OTHERS
...
Advocate for Applicant : Mr. Vivek Vishnu Tarde
AGP for Respondent/State: Mr. V. K. Kotecha
Advocate for Respondents/Claimants : Ms. Sakshi Ajeet Kale h/f. A. B.
Kale
...
WITH
CIVIL APPLICATION NO. 2764 OF 2026
IN FAST/6620/2026
...
CORAM : SACHIN S. DESHMUKH, J.
Date : 12.06.2026
PER COURT :-
1. Heard.
2. Issue notice to Respondents in all the applications. The
learned AGPs accept notice on behalf of the Respondents / State
Authorities in respective applications. Ms. Sakshi Ajeet Kale holding for
Mr. A. B. Kale, learned counsel accepts notice on behalf of the
Respondents / Claimants in respective applications.
968-972 CA2728.2026+
-4-
CIVIL APPLICATIONS FOR DELAY
3. For the reasons stated in the applications for condonation
of delay, delay is condoned. The civil applications are allowed.
CIVIL APPLICATIONS FOR STAY
4. There shall be stay in terms of prayer clause “B”, subject to
deposit of entire award amount along with accrued interest thereon till
the date of deposit of amount. The amount shall be deposited within a
period of twelve (12) weeks from today. The civil applications are
disposed of accordingly.
(SACHIN S. DESHMUKH, J.)
marathe
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