Bombay High Court
Mohan Krishnaji GaikwadversusThe State of Maharashtra through The Collector Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the stay to continue, permitted partial withdrawal of the deposited amount subject to conditions, and condoned the delay in filing the appeal.
Summary
The Executive Engineer (applicant) filed a stay application after depositing the amount directed by the court. The court allowed the stay to continue during the pendency of the first appeal and disposed of the stay application. The claimants then filed an application to withdraw the deposited amount; the court permitted withdrawal of 50% with accrued interest upon an undertaking, 25% upon furnishing a solvent surety, and directed the remaining 25% to be invested in a nationalized bank, thereby disposing the withdrawal application. A delay application highlighted a 3,927‑day delay in filing the appeal by the acquiring body; the court, accepting the explanation, condoned the delay and disposed of the delay application. All applications were thus disposed with the stay continuing, withdrawal conditions set, and delay condoned.
Issues considered
- Whether the stay should be continued after the required amount has been deposited.
- Whether the claimants are entitled to withdraw portions of the deposited amount and under what conditions.
- Whether the 3,927‑day delay in filing the appeal can be condoned.
Subjects
- stay order
- civil appeal
- delay condonation
- withdrawal of amount
- interest
- surety
- nationalized bank
- civil procedure
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 13433 OF 2025
IN FAST/34345/2025
WITH
CIVIL APPLICATION NO. 9698 OF 2026
IN FAST/34345/2025
WITH
CIVIL APPLICATION NO. 13432 OF 2025
IN FAST/34345/2025
THE EXECUTIVE ENGINEER, IRRIGATION PROJECT
MAJBUTIKARAN DIVISION, OMERGA, DIST. OSMANABAD
VERSUS
MOHAN KRISHNAJI GAIKWAD AND OTHERS
...
Advocate for Applicant : Mr. Kulkarni Snehal Prashant
Advocate for Respondent no. 1 : Mr. Shinde Manoj Dharmaraj
AGP for Respondent/s – State : Ms. Preeti Diggikar
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 03rd SEPTEMBER, 2026
PER COURT :
Stay Application :
1. Learned Advocate appearing for the Appellant / acquiring
body submits that the amount as directed by this Court while granting
stay has been deposited by the acquiring body.
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2. In view of the deposit of amount, the Civil Application for
stay is allowed.
3. The stay shall continue to operate during the pendency of
the First Appeal.
4. Civil Application for stay stands disposed of.
CA for withdrawal of amount :
5. The Claimant has filed the Civil Application for withdrawal
of amount.
6. The amount is deposited on 25.08.2026. In view of the entire
amount being deposited by the acquiring body, the Claimants are allowed
to withdraw 50% of the amount with accrued interest upon furnishing
undertaking to the satisfaction of the Registrar (Judicial) of this Court
and 25% is allowed to withdraw upon solvent surety being furnished by
the Claimants to the satisfaction of the Registrar (Judicial). Rest of the
25% amount shall be invested in any nationalized bank.
7. In view of the aforementioned, directions Civil Application
for withdrawal of amount stands disposed of.
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Delay Application :
8. There is a delay of 3927 days in filing the Appeal by the
acquiring body.
9. In view of the explanation given by the acquiring body, the
delay is condoned and Civil Application for delay stands disposed of.
( MANJUSHA DESHPANDE, J. )
SPC
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