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
- Bench
- SANJAY A DESHMUKH
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procedural matter arising from its earlier order dated 29 August 2024 directing respondents Nos.5‑7 to deposit 25% of a withdrawn amount.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
Checking your session…