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Bombay High Court

ANITA HARISH TAPASE AND ORS.versusEXECUTIVE ENGINEER, IRRIGATION PROJECT, STRENGTHENING DIVISION, OMERGA THR MKVDC PUNE AND OTHERS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

Respondent No.3 must deposit the ordered amount within four weeks from the date of this order, failing which a non‑bailable warrant will be issued.

Summary

The High Court of Bombay, Aurangabad Bench, heard a procedural matter arising from its earlier order dated 29 August 2024 directing respondents Nos.5‑7 to deposit 25% of a withdrawn amount. Respondents Nos.2 and 4 complied, but respondent No.3 failed to make the deposit despite several extensions. The Court noted respondent No.3’s repeated failure to honor assurances and, as a final indulgence, granted a four‑week period for compliance, treating the undertaking as a binding promise to the Court. The order warned that if the deposit is not made within the stipulated time, a non‑bailable warrant will be issued against respondent No.3. The matter was scheduled for further hearing on 12 August 2026 alongside related appeals.

Issues considered

  • Whether respondent No.3 should be granted additional time to comply with the Court’s order to deposit the specified amount
  • Whether failure to deposit within the granted period warrants issuance of a non‑bailable warrant

Subjects

  • court order compliance
  • deposit of money
  • contempt of court
  • civil procedure
  • execution of decree
  • non‑bailable warrant

Judgment

 Dilwale                                  1           913-FA-3064-15 GROUP.odt




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD


                913 FIRST APPEAL NO. 3064 OF 2015

Executive Engineer, Irrigation Project, Strengthening Division, Omerga
                     Thr Mkvdc Pune And Others
                                VERSUS
               Subhadrabai Manju Shinde And Others

                              WITH
               CIVIL APPLICATION NO. 10166 OF 2016
                               IN
                  FIRST APPEAL NO.3064 OF 2015

                     Anita Harish Tapase And Ors
                                VERSUS
Executive Engineer, Irrigation Project, Strengthening Division, Omerga
                     Thr Mkvdc Pune And Others

                              WITH
                   FIRST APPEAL NO. 36 OF 2016

The Executive Engineer Irrigation Project Reinforcement Department
                              Omerga
                              VERSUS
               The State Of Maharashtra And Others

                              WITH
                   FIRST APPEAL NO. 35 OF 2016

The Executive Engineer Irrigation Project Reinforcement Department
                              Omerga
                              VERSUS
               The State Of Maharashtra And Others
                               WITH
                 FIRST APPEAL NO. 267 OF 2016

The Executive Engineer Irrigation Project Reinforcement Department
                              Omerga
                              VERSUS
               The State Of Maharashtra And Others
                                 ...
  Dilwale                                 2           913-FA-3064-15 GROUP.odt




                              WITH
                   FIRST APPEAL NO. 269 OF 2016

  The Executive Engineer Irrigation Project Reinforcement Department
                                Omerga
                                VERSUS
                 The State Of Maharashtra And Others

                             WITH
               CIVIL APPLICATION NO. 801 OF 2023
                               IN
             CROSS OBJECTION (ST) NO.15527 OF 2021

                         Alka Nagnath Mali
                               VERSUS
                  The State Of Maharashtra And Ors

                             WITH
               CIVIL APPLICATION NO. 802 OF 2023
                               IN
             CROSS OBJECTION (ST) NO.15530 OF 2021

                       Mainabai Nagnath Mali
                               VERSUS
                  The State Of Maharashtra And Ors

                              WITH
               CIVIL APPLICATION NO. 5234 OF 2022
                               IN
             CROSS OBJECTION (ST) NO.15382 OF 2021

                      Prabhakar Tatyaba Jadhav
                              VERSUS
The State Of Maharashtra Through The Collector, Osmanabad And Others

                             WITH
               CIVIL APPLICATION NO. 803 OF 2023
                               IN
             CROSS OBJECTION (ST) NO.15532 OF 2021

                         Nagnath Babu Mali
                               VERSUS
                  The State Of Maharashtra And Ors
                                 ...
  Dilwale                                  3           913-FA-3064-15 GROUP.odt


                              WITH
                  FIRST APPEAL NO. 3490 OF 2015

 The Executive Engineer Irrigation Project Reinforcement Department
                               Omerga
                               VERSUS
                The State Of Maharashtra And Others

                              WITH
               CIVIL APPLICATION NO. 5411 OF 2023
                               IN
             CROSS OBJECTION (ST) NO.24739 OF 2021

            Daji Gajendra Kashid Thr Gpa Sunita D. Kashid
                              VERSUS
   The State Of Maharashtra Thr The Collector, Osmanabad And Ors

                              WITH
                  FIRST APPEAL NO. 2523 OF 2017

The Ex. Engineer, Irrigation Project, Strengthening Div. Omerga And Ors
                                 VERSUS
                          Shamrao Manik Joshi

                              WITH
               CIVIL APPLICATION NO. 5412 OF 2023
                               IN
             CROSS OBJECTION (ST) NO.24736 OF 2021

                    Dhananjay Gajendra Kashid
                              VERSUS
   The State Of Maharashtra Thr The Collector, Osmanabad And Ors

                               WITH
                CIVIL APPLICATION NO. 7351 OF 2026
                                IN
                   FIRST APPEAL NO.3064 OF 2015

                Suryakant S/o. Manju Shinde And Anr.
                              VERSUS
                    Anita Harish Tapase And Ors.

                              WITH
                   FIRST APPEAL NO. 268 OF 2016
 Dilwale                                  4           913-FA-3064-15 GROUP.odt


The Executive Engineer Irrigation Project Reinforcement Department
                              Omerga
                              VERSUS
               The State Of Maharashtra And Others
                               WITH
                 FIRST APPEAL NO. 265 OF 2016

The Executive Engineer Irrigation Project Reinforcement Department
                              Omerga
                              VERSUS
               The State Of Maharashtra And Others

                              WITH
                   FIRST APPEAL NO. 37 OF 2016

The Executive Engineer Irrigation Project Reinforcement Department
                              Omerga
                              VERSUS
               The State Of Maharashtra And Others

                              WITH
                   FIRST APPEAL NO. 38 OF 2016

The Executive Engineer Irrigation Project Reinforcement Department
                              Omerga
                              VERSUS
               The State Of Maharashtra And Others

                              WITH
                   FIRST APPEAL NO. 39 OF 2016

The Executive Engineer Irrigation Project Reinforcement Department
                              Omerga
                              VERSUS
               The State Of Maharashtra And Others

                             WITH
                CROSS OBJECTION NO. 214 OF 2026
                               IN
                  FIRST APPEAL NO.3064 OF 2015

                     Anita Harish Tapase And Ors.
                                VERSUS
Executive Engineer, Irrigation Project, Strengthening Division, Omerga
                     Thr Mkvdc Pune And Others.
   Dilwale                                 5           913-FA-3064-15 GROUP.odt




                               WITH
                   FIRST APPEAL NO. 2525 OF 2017

The Ex. Engineer, Irrigation Project, Strengthening Div. Omerga And Ors
                                 VERSUS
                       Vitthal Maruti Mali And Anr

                               WITH
                   FIRST APPEAL NO. 3488 OF 2015

   The Executive Engineer Irrigation Projectreinforcement Department
                                Omerga
                                VERSUS
                 The State Of Maharashtra And Others

                               WITH
                   FIRST APPEAL NO. 3489 OF 2015

  The Executive Engineer Irrigation Project Reinforcement Department
                                Omerga
                                VERSUS
                 The State Of Maharashtra And Others

                               WITH
                   FIRST APPEAL NO. 3491 OF 2015

  The Executive Engineer Irrigation Project Reinforcement Department,
                                 Omerga
                                VERSUS
                 The State Of Maharashtra And Others

                               WITH
                   FIRST APPEAL NO. 2522 OF 2017

 The Ex. Engineer, Irrigation Project, Strengthening Div. Omerga And Ors
                                  VERSUS
                  Dnayanoba@dnayandev Balbhim Jatkar
                                     ...
Advocate for Appellants in respective appeals : Mr. Rahul A. Tambe and
Mr. G. B. Rajale,
AGP for Respondent-State: Mr. R. B. Dhaware
Advocate for Respondents in respective appeals : Mr. Chavan P. S.
                                     ...
     Dilwale                                   6           913-FA-3064-15 GROUP.odt




                        CORAM         : SIDDHESHWAR S. THOMBRE, J.
                        DATE          : 15.07.2026

PER COURT :
1.       Heard learned counsel for the respective parties for some time.

2.       This Court, by its order dated 29th August, 2024, directed

respondent Nos. 5 to 7 to deposit the amount 25% out of 50% withdrawn

by them. Pursuant thereto, respondent Nos. 2 and 4 have deposited the

amount in this Court. However, so far as respondent No. 3 is concerned,

the amount has not been deposited till date.

3.       The matter was heard in the morning session for some time. At the

request of the learned counsel appearing for respondent No. 3, the matter

was passed over to enable him to obtain instructions as to the time

required for depositing the amount. On instructions, the learned counsel

submits that respondent No. 3 shall deposit the amount within three

weeks.

4.       The said statement is accepted as an undertaking to this Court.

However, it has been brought to the notice of this Court that on several

earlier occasions respondent No. 3 sought time to deposit the amount,

but failed to honour the assurance.

5.       Hence, by way of a last indulgence, four weeks’ time is granted to

respondent No. 3 to deposit the amount as directed by this Court in its

order dated 29th August, 2024.
     Dilwale                                   7           913-FA-3064-15 GROUP.odt


6.       If respondent No. 3 fails to deposit the amount within the aforesaid

period, issue a non-bailable warrant against respondent No. 3.

7.       Place the matters on 12.08.2026.

8.       To be heard along with First Appeal Nos.3468, 3469, 3470, 3471 of

2015 and 266 of 2016.



                                            [ SIDDHESHWAR S. THOMBRE ]
                                                      JUDGE


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