Bombay High Court

THE EXECUTIVE DIRECTOR GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION AURANGABAD AND ANRversusTHE STATE OF MAHARASHTRA THR COLLECTOR AND ORS

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

Holding

The court permitted a partial withdrawal of the deposited amount subject to specific conditions, condoned the delay in filing the appeal, and confirmed the continuation of the earlier interim relief.

Summary

The Executive Director of Godawari Marathwada Irrigation Development Corporation and others applied to withdraw an amount they had deposited, citing a similar case where full withdrawal was permitted under conditions. The court noted that Rs.12,93,082 had been deposited in FAST No.11039 of 2024 and decided to allow a partial withdrawal of Rs.3,73,327 subject to 75% disbursement upon furnishing an undertaking and 25% upon providing a solvent surety or security. The applicants also sought condonation of a 658‑day delay in filing their appeal, which the respondents did not contest and the court found no malafide intent, thus condoning the delay. A civil application for stay was filed, and the court held that the earlier ad‑interim relief would continue to stand. The court ordered the parties to amend pleadings within two weeks and waived service of notice. Overall, the applications were allowed in part, the delay was condoned, and the stay was confirmed.

Issues considered

Whether the applicants are entitled to withdraw the deposited amount and on what conditions.
Whether the 658‑day delay in preferring the appeal can be condoned.
Whether the earlier ad‑interim relief should continue pending further proceedings.

Subjects

withdrawal of deposit
condonation of delay
interim relief
surety
civil application
high court
interest

Judgment

                           1                 65-CA.6606-24 & ors.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

          65 CIVIL APPLICATION NO. 6606 OF 2024
                    IN FAST/10984/2024
   THE EXECUTIVE DIRECTOR GODAWARI MARATHWADA
 IRRIGATION DEVELOPMENT CORPORATION AURANGABAD
                      AND ANR
                      VERSUS
 THE STATE OF MAHARASHTRA THR COLLECTOR AND ORS

       WITH CIVIL APPLICATION NO. 6607 OF 2024
 IN FAST/10984/2024 WITH CIVIL APPLICATION NO. 13530
OF 2025 IN FAST/10984/2024 WITH CIVIL APPLICATION NO.
           13528 OF 2025 IN FAST/10984/2024
                            ...
 Advocate for Applicant/Acquiring Body : Mr. Kadu Shivraj B
       AGP for Respondent/s-State : Mr. S. V. Hange.
  Advocate for Respondents/Claimants : Mr. D. M. Pingle.
                            ...

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

PER COURT :-


1.    Applicants seek to withdraw the amount deposited by

respondent/acquiring body.


2.    For that purpose, it is informed that in similarly situated

matter, entire amount was permitted to be withdrawn on

certain conditions.


3.    Learned counsel for the acquiring body informs that the

amount with accrued interest of the present appeal has been

deposited in FAST No.11039 of 2024. In that appeal, aggregate
                              2                65-CA.6606-24 & ors.odt


amount of Rs.12,93,082/-was deposited. I propose to follow

the same course as is done by the Co-ordinate Bench in FAST

No.9418 of 2023.


4.    Application for withdrawal of amount is allowed partly

permitting to receive Rs.3,73,327/- which is deposited in FAST

No.11039 of 2024.


5.    Office shall disbursed 75% of the above referred amount

with accrued interest on furnishing undertaking and 25% on

furnishing solvent surety/security from the aforesaid first

appeal.


Civil Application for Delay


6.    Applicants seek to condone delay of 658 days in

preferring appeal.


7.    The      averments   have   not   been   disputed     by    the

respondents. There are no malafides. The delay stands

condone.


8.    Civil application is allowed.


First Appeal


9.    Admit.
                              3                 65-CA.6606-24 & ors.odt


10.     Learned AGP waives service of notice for respondents-

State Authorities. Learned counsel Mr. Pingle waives service of

notice for respondents/claimants.


11.     Call for Record and Proceedings from the concerned

Court.


12.     Print is dispensed with.


13.     Time of two (2) weeks is granted to carry out necessary

amendment.


14.     Both the parties shall be at liberty to carry out

amendment within a period of two (2) weeks from today.


Civil Application for Stay


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

earlier order, ad-interim relief granted earlier shall stand

confirm.


16.     Civil application is disposed of.




                                         (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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