Bombay High Court

THE EXECUTIVE ENGINEER, NINM DUDHANA PRAKALP,JALNA IRRIGATION DIVISION, JALNAversusDATTA MAROTI ADHAV (DIED) T/H L.RS. SAKHUBAI AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay and granted an ad‑interim stay subject to deposit of the awarded amount within twelve weeks.

Summary

The Executive Engineer, NINM Dudhana Prakalp, filed an application seeking condonation of a 1,370‑day delay in filing a first appeal, citing administrative reasons and no intentional neglect. The Court examined the delay, found it unintentional, and allowed the condonation, directing that the appeal be registered after removal of office objections. The same application also sought an interim stay of the judgment and award under challenge. The Court issued notice to the respondents, which were waived by their counsel, and granted an ad‑interim stay conditioned upon the applicant depositing the entire awarded amount with the Registry within twelve weeks. Thus, the delay was condoned and a stay was imposed subject to compliance with the deposit condition.

Issues considered

Whether a delay of 1,370 days in filing a first appeal can be condoned on administrative grounds.
Whether an ad‑interim stay of the judgment and award should be granted pending deposit of the awarded amount.

Subjects

delay condonation
civil appeal
interim stay
administrative delay
appeal registration

Judgment

                                                     935 CA 6561 OF 2026.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                935 CIVIL APPLICATION NO. 6561 OF 2026
                           IN FAST/8269/2026
                                 WITH
                 CIVIL APPLICATION NO. 6563 OF 2026
                           IN FAST/8269/2026

     THE EXECUTIVE ENGINEER, NINM DUDHANA PRAKALP,JALNA
                      IRRIGATION DIVISION, JALNA
                                 VERSUS
     DATTA MAROTI ADHAV (DIED) T/H L.RS. SAKHUBAI AND ORS.
                                    ...
Advocate for Applicant : Mr. Deshbhushan Madkar h/f Mr. Manorkar Deepak
                                  Suresh
        Advocate for Respondents/Claimants : Mr. A. H. Korhalkar
                                    ...

                     CORAM                :   S. G. CHAPALGAONKAR, J.

                     DATE                 : 02.07.2026


PER COURT :

        ON DELAY CONDONATION APPLICATION :

1.    Heard learned advocates appearing for the respective parties.

2.    By this application, the applicant seeks to condone delay of 1370 days

in filing first appeal. Perused the application and reasons stated therein.

Apparently, the delay has been caused on account of administrative reasons.

There is no intentional act on the part of the applicant, whereby delay is

caused. In that view of the matter, the case is made out to condone the

delay. Hence, application is allowed. Delay is condoned.


3.    Appeal be registered subject to removal of the office objections.


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                                                        935 CA 6561 OF 2026.odt
        ON STAY APPLICATION :

4.      Issue notice to the respondents, returnable on 27.08.2026. Learned
advocate      Mr.    Korhalkar     waives     service     for   the    original
claimants/respondents.

5.      Heard learned counsels for the respective parties.

6.      Considering the submissions advanced, there shall be ad interim stay
to the judgment and award under challenge subject to condition that the
applicant deposits entire awarded amount as per award passed by the
Reference Court, with Registry of this Court, within a period of twelve (12)
weeks from today.



                                        ( S. G. CHAPALGAONKAR, J.)




mkd/-




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