Bombay High Court

District Health Officer Zilla Parishad, LaturversusMayur S/o Ravindra Kamble AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

Since the entire award amount was deposited, stay was granted; the delay of 36 days was condoned as not deliberate or intentional; and the applicant was permitted to withdraw 50% of the deposited amount with accrued interest on furnishing an undertaking.

Summary

This order arises from Civil Application No. 548 of 2026 in First Appeal (ST) No. 10838 of 2025, along with connected civil applications, before the Bombay High Court at Aurangabad. The applicant/appellant, Mayur Ravindra Kamble, sought stay of execution of the impugned judgment and award, permission to withdraw the amount deposited in Court, and condonation of delay in filing the first appeal. The applicant submitted that the entire amount under the impugned judgment and award had been deposited in this Court. Respondent Nos. 1 and 2 opposed the withdrawal application and the delay condonation application. The Court allowed the stay application in terms of prayer clause 'B' and disposed of it. The withdrawal application was partly allowed, permitting the applicant to withdraw 50% of the deposited amount with accrued interest on furnishing the usual undertaking. The delay of 36 days in filing the first appeal was condoned as it was neither deliberate nor intentional. Notice was issued in the first appeal, returnable on 27.02.2026, with advocates waiving service for the respondents.

Issues considered

Whether execution of the impugned judgment and award should be stayed?
Whether the applicant should be permitted to withdraw the amount deposited in this Court pursuant to the award?
Whether the delay of 36 days in filing the first appeal should be condoned?
Whether notice should be issued in the first appeal?

Subjects

Civil Procedure
Stay of execution
Withdrawal of deposited amount
Condonation of delay
First Appeal
Interim relief

Judgment

                                               927 CA NO. 548 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
            927 CIVIL APPLICATION NO. 548 OF 2026
                      IN FAST/10838/2025

                      Mayur Ravindra Kamble
                             VERSUS
            District Health Officer Zilla Parishad Latur
                                 ...
Mr. Fayaz Khurshid Patel, Advocate for Applicant
Mr. Pradeepkumar R Tandale, Advocate for Respondent No.1
Mr. R K Ashtekar, Advocate for Respondent No.2
                               WITH
             CIVIL APPLICATION NO. 3862 OF 2025
                    IN FAST/10838/2025 WITH
             CIVIL APPLICATION NO. 3859 OF 2025
                       IN FAST/10838/2025
                                 ….

                    CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 17.01.2026
PER COURT :-

APPLICATION FOR STAY

1.          This is an application seeking stay to the execution of

the impugned judgment and award.


2.          The learned advocate for the applicant / appellant

submits that the entire amount as per the impugned judgment and

award is deposited in this Court.


3.        In view of the above, the application is allowed in terms

of prayer clause ‘B’ and disposed of.


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                                     (( 2 ))         927 CA NO. 548 OF 2026


APPLICATION FOR WITHDRAWAL OF AMOUNT


1.           This is an application seeking permission to withdraw the

amount deposited in this Court pursuant to the award.


2.           Heard the learned advocates for both sides.


3.           Learned advocates for respondent Nos. 1 and 2 strongly

opposed the application.


4.           Perused the application. For the reasons stated therein

and considering the arguments of both the sides, it would be proper

to partly allow the application. Hence, the following order:

                                ::ORDER::

a.         The application is partly allowed.

b.         The applicant is permitted to withdraw 50% of the

           amount with accrued interest thereon deposited in this

           Court on furnishing usual undertaking to the satisfaction of

           the Registrar (Judicial) of this Court.


APPLICATION FOR DELAY

1.           Heard the learned Advocates for the parties.


2.           This is an application for condonation of delay of 36 days

caused in filing the first appeal.

                                                                        2 of 3
                                    (( 3 ))       927 CA NO. 548 OF 2026


3.          The learned Advocate for respondent Nos.1 and 2

strongly opposed the application and submitted that there is no

sufficient reason to condone the delay.


4.          Perused the application. For the reasons stated therein,

the application deserves to be allowed in the interest of justice as the

delay is neither deliberate nor intentional.      Hence, the following

order:

                               ::ORDER::

a.         Civil Application is allowed and disposed of.

b.         The delay of 36 days caused in filing the first appeal is

hereby condoned.

FIRST APPEAL (ST) No.10838 OF 2025

1.          Issue   notice    to   the    respondents,     returnable         on

27.02.2026.

2.          Learned Advocate Mr. Fayaz K. Patel waives service of

notice for respondent No.1.

3.          Learned Advocate Mr. R. K. Ashtekar waives service of

notice for Respondent No.2.



                                   [ SANJAY A. DESHMUKH, J. ]
HRJadhav



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