The Ex. Engineer, Osmanabad Minor Irrigation Div. Osmanabad Vs Mahadeo Bhujang Kawade and Ors. — Bombay HC (2025) — LawSathi Research

The Ex. Engineer, Osmanabad Minor Irrigation Div. Osmanabad Vs Mahadeo Bhujang Kawade and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay-condonation civil applications allowed subject to payment of Rs. 3,000/- costs per application within two weeks, with the appeals to be registered; applicants in Civil Application No. 12457 of 2022 permitted to withdraw 50% on usual undertaking and 20% on solvent surety/security with accrued interest; Registry directed to accept the cheque of the compensation amount.

Issue for consideration

Whether the delay in filing the first appeals should be condoned, and on what conditions. +2 more

Court's answer

Delay in filing the first appeals is condoned in the interest of justice, subject to the applicant depositing Rs. 3,000/- (Rupees Three Thousand Only) in each application to the account of the Creche – Day Care Centre, Advocates' Association of Bombay High Court, Bench at Aurangabad, within two weeks; the delay-condonation civil applications are allowed and the appeals are to be registered.

Ratio / Principle

In Civil Application No. 12457 of 2022, the applicants are permitted to withdraw 50% of the amount on usual undertaking and 20% on furnishing solvent surety/security, alongwith accrued interest thereon; the application is disposed of accordingly.

Key takeaways

The Registry is directed to accept the cheque of the compensation amount tendered by the appellant's counsel.ratio¶28

Detailed headnote1 paragraphs

Order dated 24/01/2025 by Sanjay A. Deshmukh, J. (Bombay High Court, Aurangabad Bench) in Civil Application No. 1355 of 2022 in FAST/479/2022 and six companion delay-condonation applications (Nos. 1363, 1361, 1359, 1367, 1357 and 1365 of 2022 in FAST/747/2022, FAST/750/2022, FAST/753/2022, FAST/757/2022, FAST/761/2022 and FAST/770/2022 respectively), filed by the Ex. Engineer, Osmanabad Minor Irrigation Division, against Mahadeo Bhujang Kawade and Ors. Delay in filing the first appeals was condoned in the interest of justice, subject to deposit of Rs. 3,000/- (Rupees Three Thousand Only) per application in the account of the Creche – Day Care Centre, Advocates' Association of Bombay High Court, Aurangabad Bench, within two weeks; the appeals were directed to be registered. In Civil Application No. 12457 of 2022 in FAST/761/2022, the applicants were permitted to withdraw 50% of the amount on usual undertaking and 20% on furnishing solvent surety/security, alongwith accrued interest. The Registry was directed to accept the cheque of the compensation amount tendered by the appellant. No statute or precedent was cited.

2025:BHC-AUG:2008

1 913 ca 1355-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

913 CIVIL APPLICATION NO. 1355 OF 2022

IN FAST/479/2022

AND

CIVIL APPLICATION NO. 1363 OF 2022 IN FAST/747/2022

AND

CIVIL APPLICATION NO. 1361 OF 2022 IN FAST/750/2022

AND

CIVIL APPLICATION NO. 1359 OF 2022 IN FAST/753/2022

AND

CIVIL APPLICATION NO. 1367 OF 2022 IN FAST/757/2022

AND

CIVIL APPLICATION NO. 1357 OF 2022 IN FAST/761/2022

AND

CIVIL APPLICATION NO. 1365 OF 2022 IN FAST/770/2022

AND

CIVIL APPLICATION NO. 12457 OF 2022 IN FAST/761/2022

THE EX. ENGINEER, OSMANABAD MINOR IRRIGATION DIV. OSMANABAD

VERSUS

MAHADEO BHUJANG KAWADE AND ORS

Mr. Patil Shamsunder B., Advocate for Applicants Mr. R. B. Dhaware, AGP for Respondent-State Mr. Vikram S. Undre, Advocate for Respondent No.2

2 913 ca 1355-22

CORAM : SANJAY A. DESHMUKH, J. DATED : 24/01/2025.

P. C. :

The learned counsel for the appellant seeks permission to deposit the cheque of the compensation amount.

Registry is directed to accept the cheque.

A) ORDER IN CIVIL APPLICATIONS FOR DELAY CONDONATION:

Heard rival submissions.

The respective applicant are seeking condonation of delay periods mentioned in these applications.

The learnd counsel for the applicant pointed out and submitted that the delay is caused because of seeking permission and providing documents to the higher authority. Therefore, the delay is caused. It is lastly prayed to allow these applications in the inerest of justice.

The learned counsel for the respondents / claimants and learned AGP stongly opposes the applications. It is lastly prayed to reject these applications.

For the reasons stated in the application and considering the arguments of both sides, the delay period caused in filing the first appeals deserves tobe condoned in the interest of justice, however, on payment of some costs.

3 913 ca 1355-22

In view of the above, subject to the applicant depositing Rs.3,000/(Rupees Three Thousand Only) in each application in the account of the Creche – Day Care Centre, Advocates’ Association of Bombay High Court, Bench at Aurangabad, within two weeks from today, the delay is condoned. The civil applications for delay condonation are allowed. Appeals be registered.

B) ORDER IN CIVIL APPLICATION NO.12457 OF 2022 :

This is an application for permission to withdraw the amount.

Heard. Perused the application. The learned counsel for the respondent and learned AGP strongly opposed the application.

Considering the reasons stated in the application and arguments of both sides, applicants are permitted to withdraw 50% on usual undertaking and 20% on furnishing solvent surety / security, alongwith accured interest thereon.

Appliction is disposed of accordingly.

( SANJAY A. DESHMUKH, J. )

VS Maind/-