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Bombay High Court

THE EX. ENGINEER, MEDIUM PROJECT DIVISION, LATUR AND ANR.versusBHALCHANDRA LALASAHEB MORE.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The stay granted on 20 October 2021 is confirmed as the condition of depositing 70% of the award amount has been fulfilled.

Summary

The Ex. Engineer, Medium Project Division, Latur (the Applicant) filed two civil applications seeking confirmation of a stay previously granted by the High Court on 20 October 2021, which conditioned the stay on the deposit of 70% of the award amount. The Applicant deposited Rs.2,98,362 on 31 May 2024, as evidenced by a cheque tendered across the bar and a communication from the Executive Engineer, Irrigation Department, Latur. The Court examined whether the condition of deposit had been satisfied and found that it had been fully complied with. Consequently, the Court confirmed the stay on the execution of the impugned award. Both Civil Application No. 10208 of 2021 and Civil Application No. 9369 of 2026 were disposed of in favour of the Applicant.

Issues considered

  • Whether the condition of depositing 70% of the award amount, as stipulated in the earlier stay order, has been satisfied
  • Whether the stay granted earlier should be confirmed and the applications disposed of

Subjects

  • stay of execution
  • civil procedure
  • deposit condition
  • irrigation department
  • award execution

Judgment

2026:BHC-AUG:38340
                                                    1                        927-CA-9369-2026.odt




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                  927 CIVIL APPLICATION NO. 9369 OF 2026
                                              IN FA/2226/2026

                           The Ex. Engineer, Medium Project Division, Latur And Anr.
                                                  VERSUS
                                        Bhalchandra Lalasaheb More.

                                                   WITH
                                   CIVIL APPLICATION NO. 10208 OF 2021
                                              IN FA/2226/2026

                    The Ex. Engineer, Medium Project Division, Latur And Anr
                                             VERSUS
                                   Bhalchandra Lalasaheb More
                                                 ...
             Mr.Munde Suresh W. for the Applicants.
             Mr.Yashraj H.G. h/f Mr.Gunale V.D. the the sole Respondent.
                                                         ….

                                        CORAM           : MANJUSHA DESHPANDE, J.
                                        DATE            : 21.08.2026

             PER COURT :


             1.                These Applications are filed by the Appellant/Acquiring Body

             to confirm the stay granted by this Court on October, 20, 2021. The

             learned Advocate appearing for the Acquiring Body submits that this

             Court had granted stay to the execution of the impugned award on the

             condition that 70% of the amount shall be deposited. He submits that in

             view of the order passed by this Court the Acquiring Body has deposited,

             the 70% of the amount before the Executing Court, i.e., Civil Judge

             Senior Division, Latur. The communication to that effect is annexed at

             Sunny Thote
                                    2                      927-CA-9369-2026.odt


Page No.14 in the Civil Application, addressed by the Executive Engineer,

Irrigation Department, Latur. On receipt of the amount to be deposited a

cheque is tendered across the bar, which shows that an amount of

Rs.2,98,362/- has been deposited on 31st May, 2024.

2.            In view of the aforementioned facts and fulfillment of

condition to deposit, the stay granting by this Court is confirmed. The

Civil Application No.10208 of 2021 is allowed in terms of Prayer Clause

(B) and accordingly disposed off.

3.            Similarly, the Civil Application No. 9369 of 2026 stands

disposed off.



                                        [ MANJUSHA DESHPANDE, J. ]




Sunny Thote


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