Bombay High Court

Krishna Deoram Mali MahajanversusThe Executive Engineer Medium Project Division Jalgaon

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

Holding

The court held that the award shall be transferred to the Joint Civil Judge Senior Division, Jalgaon, and the Registrar (Judicial) Presiding Officer of that court shall record satisfaction of the conditions.

Summary

The petitioners, Krishna Deoram Mali Mahajan and others, who are elderly and unable to travel to Sambhajinagar, sought permission to receive a monetary award. The court noted that the award had already been sanctioned subject to certain conditions. It directed that the amount be transferred to the Joint Civil Judge Senior Division, Jalgaon, which will act as the reference court. The Registrar (Judicial) Presiding Officer of that court shall record the satisfaction of the stipulated conditions. Accordingly, the disbursement will be effected without requiring the petitioners to appear in Sambhajinagar.

Issues considered

The court considered whether the award could be disbursed to elderly petitioners without their physical appearance in the original court.
Whether the reference court can be directed to receive the amount and record compliance with the conditions.

Subjects

disbursement of government funds
reference court
procedural conditions
aged litigants
civil procedure

Judgment

                             1                   38-CA.414-26+1.odt


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

             38 CIVIL APPLICATION NO. 414 OF 2026
                         IN FA/2006/2025
        KRISHNA DEORAM MALI MAHAJAN AND OTHERS
                              VERSUS
     THE EXECUTIVE ENGINEER MEDIUM PROJECT DIVISION
                             JALGAON
                                 ...
      Advocate for Applicant/s : Mr. Koralkar Arun Hanumant,
                     Koralkar Arun Hanumant
           AGP for Respondent/s-State : Mr. S. V. Hange.
    Advocate for Respondent No.1 : Mr. Deepak B. Rasave h/f Mr.
                          Ajay D. Pawar.
                                 ...
                           CORAM : SHAILESH P. BRAHME, J.
                           DATE : 13.01.2026
PER COURT :-


.        The applicants are already permitted to receive the

amount by imposing certain conditions. It is informed that the

applicants are very aged and unable to come to Sambhajinagar

for receiving the amount. The amount which is to be disbursed

to the applicants shall be transferred to Reference Court i.e.

Joint Civil Judge Senior Division, Jalgaon and for complying

the conditions, instead of Registrar (Judicial) Presiding Officer

of the Rerference Court be inferred who shall record the

satisfaction.



                                       (SHAILESH P. BRAHME, J.)
                                 ...
vmk/-

Continue reading with your account

Checking your session…