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Bombay High Court

The Executive EngineerversusRavindra Ramchandra Potdar

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court permitted the Acquiring Body to deposit the compensation cheque as directed in the original order.

Summary

The Executive Engineer, acting as the Acquiring Body, filed a civil application seeking the Court’s permission to deposit a cheque representing compensation ordered on 21 November 2025. The Court had previously directed the Acquiring Body to deposit the entire compensation amount within a stipulated period, which the Acquiring Body failed to meet. The Acquiring Body now claims to have received the cheque and requests leave to deposit it despite the missed deadline. The Court examined whether procedural permission could be granted to effect the deposit after the original time limit had elapsed. Relying on its inherent powers to regulate the execution of its orders, the Court allowed the application. Consequently, the Acquiring Body was permitted to deposit the cheque in accordance with prayer clauses ‘A’ and ‘B’.

Issues considered

  • Whether the Acquiring Body may be granted permission to deposit the compensation cheque after failing to meet the Court‑mandated deadline

Subjects

  • compensation
  • deposit of cheque
  • civil application
  • execution of court order
  • procedural permission
  • Acquiring Body

Judgment

2026:BHC-AUG:42656
                                                                      927 CA 9662 OF 2026.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               927 CIVIL APPLICATION NO. 9662 OF 2026
                                          IN FAST/33025/2025
                                                 WITH
                                CIVIL APPLICATION NO. 12147 OF 2025
                                          IN FAST/33025/2025
                                                 WITH
                                CIVIL APPLICATION NO. 12148 OF 2025
                                          IN FAST/33025/2025

                                     THE EXECUTIVE ENGINEER
                                               VERSUS
                                 RAVINDRA RAMCHANDRA POTDAR
                                                   ...
                           Advocate for Applicant : Mr. Pisal Pramod Asaram
                        AGP for Respondent nos. 2 & 3 : Mr. Kishor S. Hoke-Patil
                                                   ...
                                   CORAM                : SMT. MANJUSHA AJAY
                                                          DESHPANDE, J.
                                    DATE               : 11.09.2026

             PER COURT :

                     This application has been filed by the Acquiring Body seeking
             permission to deposit the cheque towards the amount of compensation, as
             directed by this Court by order dated 21.11.2025. It is submitted that, while
             issuing notices, this Court had directed the Acquiring Body to deposit the
             entire amount of compensation. However, the Acquiring Body could not
             deposit the said amount within the stipulated period. It is now submitted
             that the Acquiring Body has received the cheque for the purpose of
             depositing the amount, as directed by this Court.

             2.      In view of the above, the Civil Application is allowed in terms of
             prayer clauses ‘A’ and ‘B’.



                                           ( SMT. MANJUSHA AJAY DESHPANDE, J.)
             mkd/-

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