Bombay High Court

Santosh S/o Rambhau Jagtap and AnrversusThe Executive Engineer

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay, allowed the stay to continue, and permitted withdrawal of 75% of the amount upon an undertaking.

Summary

The Executive Engineer Seena Kolegaon Project Division and others filed multiple civil applications seeking condonation of a 147‑day delay in filing their appeals, continuation of an interim stay previously granted, and permission to withdraw a portion of an amount deposited by the acquiring body. The Court, after considering the reasons, condoned the delay and disposed of the delay applications. It confirmed that the interim stay would remain in effect throughout the pendency of the appeals. Regarding the withdrawal, the Court allowed the claimants to withdraw 75% of the deposited amount, subject to an undertaking that they would not claim any statutory benefit or interest for the delayed filing. The undertaking must be filed within two weeks, and all applications were ordered disposed of.

Issues considered

Whether a delay of 147 days in filing appeals can be condoned.
Whether the interim stay granted on 08.07.2025 should continue during the pendency of the appeals.
Whether the claimants may withdraw 75% of the deposited amount with an undertaking not to claim statutory benefits or interest.

Subjects

condonation of delay
stay of execution
withdrawal of amount
civil applications
interim relief
undertaking

Judgment

2026:BHC-AUG:41049


                                               1                      1058.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD


                          CIVIL APPLICATION NO. 11472 OF 2024
                                   IN FAST/26880/2024
                                         WITH
                          CIVIL APPLICATION NO. 11474 OF 2024
                                   IN FAST/26880/2024
                                         WITH
                          CIVIL APPLICATION NO. 11475 OF 2024
                                   IN FAST/26884/2024
                                         WITH
                          CIVIL APPLICATION NO. 11476 OF 2024
                                   IN FAST/26884/2024
                                         WITH
                          CIVIL APPLICATION NO. 9086 OF 2026
                                   IN FAST/26880/2024
                                         WITH
                          CIVIL APPLICATION NO. 9085 OF 2026
                                   IN FAST/26884/2024

               THE EXECUTIVE ENGINEER SEENA KOLEGAON PROJECT DIV
                                PARANDA AND ORS

                                           VERSUS

                         MARUTI S/O LAXMAN JAGTAP AND ANR

                                               ...
                        Advocate for Applicants : Mr. Madhav N. Kalyane
                                 h/f. Mr. Gulab Balbhim Rajale
                          Advocate for Respondents : Mr. V.N. Dhavse
                                 h/f. Mr. Undre Vikram Shivaji
                                               …

                                    CORAM : MANJUSHA DESHPANDE, J.

                                     DATE     : 03rd SEPTEMBER, 2026
                                       2                        1058.odt


PER COURT :

Delay Applications :

1.             The Civil Applications are filed for condonation of delay of

147 days in filing the Appeals.

2.             For the reasons stated in the Applications, delay is

condoned.

3.             Civil Applications shall stand disposed of.



Stay Applications :

4.             This Court has granted ad-interim relief on 08.07.2025. The

amount has been deposited by the acquiring body pursuant to the

direction issued by this Court for grant of stay. The amount is already

deposited on 07.04.2026.

5.             In view thereof, the Applications for stay are allowed.

6.             The stay shall continue to operate during the pendency of

the Appeals.

7.             Stay Applications shall stand disposed of.



CAs for withdrawal of amount :

8.             The Applications filed for withdrawal of amount by the

Claimants.
                                      3                       1058.odt


9.            The amount is already deposited by the acquiring body on

07.04.2026.

10.           The Applicants are permitted to withdraw 75% of the

amount upon giving an undertaking to the Registrar (Judicial) of this

Court stating that they would not claim any statutory benefit and interest

for the delayed period in filing the Appeal. The undertaking shall be filed

within a period of two weeks.

11.           Civil Applications shall stand disposed of.




                                      ( MANJUSHA DESHPANDE, J. )




SPC

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