Bombay High Court

TAPI IRRIGATION DEVELOPMENT CORPORATION, JALGAON THROUGH THE EXECUTIVE ENGINEER, MIW DIVISION, JALGversusSHRI TUKARAM DALU MARATHE AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The court condoned the delay and granted an ad‑interim stay, subject to deposit of the awarded amount.

Summary

The Tapi Irrigation Development Corporation (TIDC) filed an application seeking condonation of delay in filing an appeal against a judgment and award of the Reference Court. The corporation argued that the delay was due to administrative exigencies. The court examined the reasons and, finding them satisfactory, allowed the condonation of delay, directing that the first appeal be registered subject to removal of office objections. Additionally, the court granted an ad‑interim stay of the judgment and award, on the condition that TIDC deposit the entire awarded amount with the registry within twelve weeks. The applications were thus disposed in favour of the applicant.

Issues considered

Whether the delay in filing the appeal can be condoned under the circumstances.
Whether an ad‑interim stay of the judgment and award should be granted pending the appeal.

Subjects

condonation of delay
appeal
interim stay
civil procedure
reference court

Judgment

                                  1                     ca 4503.2026+.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

 931 CIVIL APPLICATION NO. 4503 OF 2026 IN FAST/8393/2026

  Tapi Irrigation Development Corporation, Jalgaon Through The
             Executive Engineer, Miw Division, Jalgaon
                              VERSUS
                Shri Tukaram Dalu Marathe And Ors.
                                  ...
Advocate for Applicant : Mr. Ajay Dongar Pawar
AGP for Respondents: Mr.S.P. Sonpawale / R.K. Ingole
Advocate for Respondent 1 : Mr. Koralkar Arun H
                                  ...
                                WITH
   CIVIL APPLICATION NO. 4504 OF 2026IN FAST/8393/2026
                                 …

                           AND
 932 CIVIL APPLICATION NO. 4526 OF 2026 IN FAST/8327/2026

     Tapi Irrigation Development Corporation, Jalgaon Through The
                Executive Engineer, Miw Division, Jalgaon
                                VERSUS
                      Uttam Nagraj Marathe And Ors.
                                    ...
                                 WITH
      CIVIL APPLICATION NO. 4527 OF 2026 IN FAST/8327/2026
                                    ...


                        CORAM     : S. G. CHAPALGAONKAR, J.
                       Dated      : August 06, 2026

PER COURT :-
CA for Delay :-
1.       Heard learned advocates appearing for respective parties.


2.       The applicant seeks to condone the delay days caused in
filing appeal against judgment and award passed by the Reference
Court.
                                 2                       ca 4503.2026+.odt

3.      Perused the application and reasons as stated therein.
Apparently, reasons are attributed to administrative exigencies,
which are duly explained.        Hence, applications for delay are
allowed. Delay condoned. Applications stand disposed of.


4.      First appeal be registered subject to removal of office
objections.


CA for Stay :-

1.      Heard learned advocates appearing for respective parties.

2.      Till then, there shall be ad-interim stay to the judgment and
award under appeal, subject to condition that the applicant/s
deposits entire awarded amount with the registry of this Court
within a period of Twelve weeks from today.



                                         ( S. G. CHAPALGAONKAR, J. )
                                     …

                                     …
aaa/-

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