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Bombay High Court

The Executive Engineer, Medium Project, Osmanabad and OthersversusRavindra Chandanna Koli (Died) T/h L.Rs. Ranjana Ravindra Koli and Others

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed withdrawal of 75% of the deposited amount with interest on condition of an undertaking, condoned the delay, and confirmed the interim stay.

Summary

The claimants sought permission to withdraw 75% of the compensation amount deposited by the Acquiring Body, citing a prior order allowing similar withdrawal subject to an undertaking. The court noted that the earlier order was not contested and granted the withdrawal with accrued interest, conditioned on an undertaking to redeposit if an adverse order is later made. The Acquiring Body applied for condonation of a 761‑day delay in filing the first appeals, and the court, after considering the reasons, condoned the delay. The court also confirmed the earlier interim stay on the deposited compensation amount. All the civil applications were disposed of, and the first appeals were ordered to be registered.

Issues considered

  • Whether the claimants may withdraw 75% of the deposited compensation amount subject to an undertaking.
  • Whether the 761‑day delay in filing the first appeals can be condoned.
  • Whether the earlier interim stay on the deposited amount should continue.

Subjects

  • withdrawal of compensation
  • condonation of delay
  • stay order
  • civil applications
  • undertaking
  • High Court of Bombay

Judgment

2026:BHC-AUG:42449
                                                                        922 CA 6204 26+.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               922 CIVIL APPLICATION NO. 6204 OF 2026
                                          IN FAST/1850/2026
                                                WITH
                                 CIVIL APPLICATION NO. 714 OF 2026
                                          IN FAST/1862/2026
                                                WITH
                                 CIVIL APPLICATION NO. 712 OF 2026
                                          IN FAST/1850/2026
                                                WITH
                                 CIVIL APPLICATION NO. 6205 OF 2026
                                          IN FAST/1862/2026
                                                WITH
                                 CIVIL APPLICATION NO. 711 OF 2026
                                          IN FAST/1850/2026
                                                WITH
                                 CIVIL APPLICATION NO. 713 OF 2026
                                          IN FAST/1862/2026

              MARUTI AMBADAS DHUMAL DIED LRS MANGAL MARUTI DHUMAL AND
                                              OTHERS
                                              VERSUS
                THE EXECUTIVE ENGINEER MEDIUM PROJECT OSMANABAD DIST
                                           OSMANABAD
                                                 ...
                 Advocate for Applicants/Claimants : Mr. Ambade Pradeep Vilasrao
               Advocate for Respondent No. 1/Acquiring Body : Mrs. Sunita D. Shelke
                  A.G.P. for Respondent nos. 2 & 3/State : Mr. Kishor S. Hoke-Patil
                                                 ...
                                  CORAM               : SMT. MANJUSHA AJAY
                                                        DESHPANDE, J.
                                   DATE               : 11.09.2026


             PER COURT :

                       CIVIL   APPLICATION    NOS.   6204/2026    &   6205/2026      FOR
             WITHDRAWAL OF AMOUNT:

             1.      These are the applications filed by the claimants for withdrawal of
             amount deposited by the Acquiring Body. Pursuant to the order passed by


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                                                              922 CA 6204 26+.odt

this Court on 23.01.2026, the amount is deposited on 15.04.2026 in both
appeals. The learned advocate for the applicants relying on the order passed
by this Court in the group of First Appeals, led by First Appeal Stamp No.
2381/2026 with connected matters submits that in the connected appeals
that are arising out of the same notification and award, this Court has
permitted withdrawal of 75% of the compensation deposited by the
Acquiring Body subject to condition that the applicants file an undertaking
to the satisfaction of the Registrar (Judicial) of this Court that he will
redeposit the amount in case adverse order is passed.       He submits that a
similar order may be passed in the present applications. A copy of the order
passed in First Appeal (Stamp) No. 2381 of 2026 is placed on record. The
said submission is not disputed by the learned Advocate appearing for the
Acquiring Body.

2.    In view thereof, the applications for withdrawal of amount are
allowed on condition that the applicants shall be permitted to withdraw
75% of the deposited amount with accrued interest thereon, on condition
that the applicants shall file undertaking to the satisfaction of the Registrar
(Judicial) of this Court that they shall redeposit the amount in case adverse
order is passed against them.

3.    The Civil Applications are disposed of.

CIVIL APPLICATIONS FOR CONDONATION OF DELAY :

4.    These are the applications filed by the Acquiring Body for
condonation of delay of 761 days caused in filing first appeals.

5.    For the reasons stated in the application, the delay of 761 days caused
in filing first appeals is condoned.

6.    Civil Applications are disposed of. First Appeals be registered.




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                                                             922 CA 6204 26+.odt

CIVIL APPLICATIONS FOR STAY :

7.      Since the entire amount of compensation has been deposited by the
Acquiring Body, ad interim stay granted earlier, shall stand confirmed.

8.      Civil Applications are disposed of.



                                ( SMT. MANJUSHA AJAY DESHPANDE, J.)




mkd/-




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