Bombay High Court

THE EX. ENGINEER, N.M.C. NO. 22 VAIJAPUR THR G.M.I.D.C, AURANGABADversusKACHRU HIRALAL KUMAWAT AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay in filing the appeals and allowed the applications for condonation of delay.

Summary

The Ex. Engineer NMC Aurangabad (applicant) filed multiple civil applications seeking condonation of delay in filing appeals, withdrawal of a monetary amount, and a stay of proceedings against the respondents, including a minor under guardianship. The court examined the explanations provided for the delay and found them satisfactory. Consequently, the court condoned the delay and allowed the applications for condonation. The applications for withdrawal of the amount and the stay were not disposed of immediately but were stood over to a later date (10 September 2026). The judgment is procedural, with no substantive adjudication on the underlying dispute.

Issues considered

Whether the delay in filing the appeals should be condoned.
Whether the applications for withdrawal of the amount should be entertained.
Whether a stay of the proceedings should be granted.

Subjects

condonation of delay
civil procedure
stay application
withdrawal of amount
procedural order

Judgment

                             1                   1060.odt


    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

          CIVIL APPLICATION NO. 5622 OF 2025
                   IN FAST/26962/2023
                         WITH
          CIVIL APPLICATION NO. 5646 OF 2025
                   IN FAST/32108/2023
                         WITH
          CIVIL APPLICATION NO. 10096 OF 2026
                   IN FAST/26962/2023
                         WITH
          CIVIL APPLICATION NO. 8103 OF 2026
                   IN FAST/32108/2023
                         WITH
          CIVIL APPLICATION NO. 5623 OF 2025
                   IN FAST/26962/2023
                         WITH
          CIVIL APPLICATION NO. 5640 OF 2025
                   IN FAST/26958/2023
                         WITH
          CIVIL APPLICATION NO. 5642 OF 2025
                   IN FAST/26955/2023
                         WITH
          CIVIL APPLICATION NO. 5643 OF 2025
                   IN FAST/26955/2023
                         WITH
          CIVIL APPLICATION NO. 5645 OF 2025
                   IN FAST/32108/2023
THE EX. ENGINEER NMC AURANGABAD PRESENTALY KNOW
         AS N.M.I.D. THR G.M.I.D.C., AURANGABAD
                            VERSUS
 AKASH VILAS CHANDANE MINOR UNDER GUARDIAN OF
           REAL MOTHER SINDHUBAI AND ANR
                                ...
   Advocate for Applicant : Mr. Swami Mahesh Chandrashekhar
     Advocate for Respondent No. 1 : Mr. Nikhil P Ghanwat
                                …
                                     2                      1060.odt


                          CORAM : MANJUSHA DESHPANDE, J.
                          DATE : 03rd SEPTEMBER, 2026

PER COURT :

Delay Applications :

1.           There is delay in filing the Appeals.

2.           In view of the explanation given in the Civil Applications,

the delay occurred in filing of the Appeals is condoned.

3.           Civil Applications for condonation of delay, shall stand

allowed.


CAs for withdrawal of amount :

4.           The Claimants have filed Applications for withdrawal of

amount.

5.           Learned Advocate for the acquiring body seeks short

accommodation.

6.           At his request, stand over to 10.09.2026.


Stay Applications :

7.           Stand over to 10.09.2026.




                                   ( MANJUSHA DESHPANDE, J. )
SPC

Continue reading with your account

Checking your session…