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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

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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