Bombay High Court

THE EXECUTIVE ENGINEER SEENA KOLEGAON MEDIUM PROJECT PARANDA OSMANABADversusKIRAN JAISHING JAGTAP

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The court condoned the delay, waived service of notice, upheld the interim relief, and allowed the claimant to receive 75% of the deposited amount on furnishing an undertaking, with the balance to be invested.

Summary

The Executive Engineer sought condonation of a 165‑day delay in filing an appeal, arguing there were no malafides. The State authorities waived service of notice, and the court was asked to call for records and dispense with printing. An interim stay was sought, but since the amount had already been deposited pursuant to an earlier order, the court allowed the interim relief to continue. The applicant also moved to withdraw a sum of Rs.61,50,065/‑, relying on a prior order that permitted claimants to receive 75% of the deposited amount upon furnishing an undertaking. The court partially allowed this withdrawal, directing that 75% of the amount with accrued interest be released to the claimant on undertaking, while the balance be invested in a nationalized bank. Consequently, the civil applications for condonation, waiver, stay and withdrawal were disposed of, with the appeal being allowed.

Issues considered

Whether the court should condone a 165‑day delay in preferring the appeal.
Whether service of notice can be waived for the State authorities and other respondents.
Whether the interim relief previously granted should continue despite the deposit of the amount.
Whether the applicant may withdraw the deposited amount and on what terms.

Subjects

condonation of delay
waiver of service
interim relief
partial withdrawal of deposited amount
civil application
high court

Judgment

                           1                 64-CA.396-23 & ors.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

           64 CIVIL APPLICATION NO. 396 OF 2023
                     IN FAST/33977/2022
     THE EXECUTIVE ENGINEER SEENA KOLEGAON MEDIUM
              PROJECT PARANDA OSMANABAD
                         VERSUS
                  KIRAN JAISHING JAGTAP

         WITH CIVIL APPLICATION NO. 13466 OF 2025
                    IN FAST/33977/2022
         WITH CIVIL APPLICATION NO. 397 OF 2023 IN
                     FAST/33977/2022
                             ...
         Advocate for Applicant : Mr. Malte Uday S.
        AGP for Respondent/s-State : Mr. N. D. Raje
 Advocate for Respondent Nos.1 to 3 : Mr. Madhav K. Jadhav
                  h/f Mr. Abhijit S. More.
                             ...

                         CORAM : SHAILESH P. BRAHME, J.
                         DATE : 13.01.2026

PER COURT :-


1.     Appellant seeks to condone delay of 165 days in

preferring appeal.


2.     The averments of the application have not been

controverted. There are no malafides. The delay stands

condoned. Civil Application for delay is allowed.


First Appeal


3.     Admit.
                             2              64-CA.396-23 & ors.odt


4.    Learned AGP waives service of notice for respondents-

State Authorities. Learned counsel Mr. Jadhav holding for Mr.

More waives service of notice for respondents/claimants.


5.    Call for Record and Proceedings from the concerned

Court.


6.    Print is dispensed with.


Civil Application for Stay


7.    As the amount has been deposited in pursuance of the

earlier order, ad-interim relief granted earlier shall stand

confirm.


8.    Civil application is disposed of.


Civil Application for Withdrawal


9.    Applicant seeks to withdraw amount of Rs.61,50,065/-.


10.   Applicant is relying on the order dated 16.10.2025

passed by Co-ordinate Bench permitting the claimants to

receive 75% of deposited amount with accrued interest on

furnishing undertaking. However, in the present case entire

amount with accrued interest has been deposited which is a

huge figure. The interest of the justice would be sub-served in
                            3                 64-CA.396-23 & ors.odt


permitting the claimant to receive 75% of the amount with

accrued interest on furnishing undertaking.


11.     Civil application is partly allowed by permitting the

claimant to receive 75% of the deposited amount on furnishing

undertaking.


12.     Balance amount shall be invested in nationalized bank.




                                      (SHAILESH P. BRAHME, J.)

                                ...

vmk/-

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