Bombay High Court
MADHAV BHAU SATHE (DIED) THR LRS GORAKH AND ANRversusTHE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL AND ANR
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The court condoned the delays in the second and third applications, set aside the abatement, and ordered interest to be calculated at 9% for the first year and 15% thereafter, directing full payment to the claimants.
Summary
The Bombay High Court, Aurangabad Bench, disposed three civil applications concerning the execution of a monetary award and condonation of delay in filing appeals. In the first application, the court directed the executing court to calculate interest at 9% per annum for the first year and 15% thereafter, and to release the full amount with accrued interest to the claimants, with any excess to be refunded. The second application sought condonation of a 665‑day delay; the court, relying on Supreme Court precedent (New Okhla Industrial Development Authority v. Rameshwar), held the delay was not deliberate and allowed it, setting aside the abatement. The third application involved condonation of a 3,584‑day delay in filing the first appeal; after hearing counsel, the court again found the delay non‑deliberate and granted condonation in the interest of justice. All three applications were disposed of with orders directing compliance and reconciliation of accounts.
Issues considered
- Whether the delay in filing the appeals should be condoned.
- How interest on the awarded amount should be calculated and disbursed.
- Whether the abatement order should be set aside.
Subjects
- condonation of delay
- interest calculation
- execution of award
- civil application
- High Court
- justice
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10084 OF 2016
IN FA/759/2014
BHAUSAHEB BAUBURAO SATHE AND ANOTHER
VERSUS
EXECUTIVE DIRECTOR, KRISHANA KHORE MAHAMANDAL AND ANOTHER
…
Mt. P. V. Barde, Advocate for Applicants
Mr. S. G. Joshi, AGP for the Respondent/State
WITH
CIVIL APPLICATION NO. 8301 OF 2022
IN FA/874/2014
MADHAV BHAU SATHE (DIED) THR LRS GORAKH AND ANR
VERSUS
THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL AND ANR
…
Mr. Rajendra K. Temkar, Advocate for Applicants
Mr. S. G. Joshi, AGP for the Respondent/State
WITH
CIVIL APPLICATION NO. 1795 OF 2026
IN FA/864/2014
THE EXECUTIVE ENGINEER, KRISHNA KHORE MAHAMANDAL
AHMEDNANGAR.
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER.
…
Mr. Gulab B. Rajale, Advocate for Applicant
Mr. S. G. Joshi, AGP for the Respondent/State
CORAM : SANJAY A. DESHMUKH, J.
DATED : 30th APRIL, 2026
P. C. :-
906.ca10084.16.odt 1 of 3
CIVIL APPLICATION NO. 10084 OF 2016
IN FA/759/2014
1. Since some connected appeals have been disposed of today, it
would be proper to allow this application with directions to release the entire
amount to the claimant along with accrued interest, after recalculating the
interest as modified by the impugned judgment and award passed by the
Reference Court.
2. The Executing Court is directed to calculate the interest in terms
of the final decision rendered in this appeal, i.e., at the rate of 9% per annum
for one year from the date of award and thereafter at the rate of 15% per
annum till the date of deposit of the amount, and accordingly disburse the
said amount to the claimants. If any excess amount has been paid to the
claimants, the same shall be refunded to the acquiring body. It is expected
that both the acquiring body and the claimants shall submit their respective
accounts before the Executing Court to facilitate proper reconciliation. The
Executing Court shall finalize the calculations, conclude the execution
proceedings, and dispose of the same as expeditiously as possible, preferably
within a period of three months from the date of receipt of this order. The
application is disposed of accordingly.
ORDER BELOW CIVIL APPLICATION NO. 8301 OF 2022
IN FA/874/2014
3. On perusal of the application and particularly the reasons stated
906.ca10084.16.odt 2 of 3
in it, it appears that the delay is not caused deliberately. The lis between the
parties shall be decided on merits. Therefore, in the interest of justice, the
delay deserves to be condoned. The delay of 665 days is condoned in view of
the law laid down by the Hon’ble Supreme Court in the case of New Okhla
Industrial Development Authority vs. Rameshwar @ Ramesh Chandra Sharma
(Dead) Through Legal heir and another; 2022 SCC Online SC 1599 . The
abatement is set aside. Permission to bring on record the legal representatives
is granted. The necessary amendment to be carried out within a period of two
weeks. The application is disposed of accordingly.
ORDER BELOW CIVIL APPLICATION NO. 1795 OF 2026
IN FA/864/2014
4. The civil application is filed for condonation of delay of 3584
days caused in filing the first appeal.
5. Perused the application and heard learned advocates for both
sides. Learned advocate for respondent strongly opposed the application.
Considering the reasons stated in the application, it appears that the delay
caused is not deliberate. Therefore, the application is allowed. The delay
caused in filing the appeal is condoned in the interest of justice.
(SANJAY A. DESHMUKH, J.)
ssp
906.ca10084.16.odt 3 of 3
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