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 upon an undertaking, condoned the delay, and confirmed the interim stay.

Summary

The claimants filed civil applications seeking withdrawal of the compensation amount deposited by the Acquiring Body following a prior order of this Court. Relying on a precedent where the Court allowed withdrawal of 75% of such deposited amounts subject to an undertaking to redeposit if an adverse order is passed, the claimants requested a similar order. The Court permitted the withdrawal of 75% of the deposited amount with accrued interest, conditioned upon the claimants filing an undertaking with the Registrar. The Acquiring Body also sought condonation of a 761‑day delay in filing the first appeals, which the Court granted. Finally, the Court confirmed the earlier interim stay on the entire deposited compensation amount. All civil applications were thereafter disposed of.

Issues considered

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

Subjects

compensation
withdrawal of amount
condonation of delay
stay
civil application
undertaking
High Court

Judgment

2026:BHC-AUG:42445
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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