The Executive Engineer Waghur Dam and Anr. vs Thecollector, Jalgaon and Ors. — Bombay HC (2025) — LawSathi Research

The Executive Engineer Waghur Dam and Anr. vs Thecollector, Jalgaon and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory order: notice issued to respondents returnable on 3.3.2025 (waived by AGP for respondent no.1 and by Mr. B.K. Pawar h/f Mr. A.B. Kale for respondents/claimants); ad-interim stay of the judgment and award under challenge, conditional on deposit of the entire awarded amount with the Registry of this Court / Reference Court within eight (8) weeks. Delay condonation application heard; final decision not pronounced in this order.

Issue for consideration

Whether the delay in instituting the civil applications ought to be condoned (application heard; decision deferred to returnable date). +1 more

Court's answer

Notice issued to the respondents, returnable on 3.3.2025; learned AGP waived notice for respondent no.1 and Mr. B.K. Pawar (holding for Mr. A.B. Kale) waived notice for the respondents/claimants.

Ratio / Principle

Ad-interim stay granted to the judgment and award under challenge, subject to the condition that the applicant deposits the entire awarded amount.

Key takeaways

The deposit of the awarded amount is to be made with the Registry of this Court / Reference Court within a period of eight (8) weeks from the date of the order.ratio¶47

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), S.G. Chapalgaonkar J., 06-01-2025: Short interlocutory order in a group of fourteen civil applications (delay-condonation and stay) filed by the Executive Engineer, Waghur Dam Division, Jalgaon and another against the Collector, Jalgaon and others, arising out of parent FAST matters nos. 260, 263, 274, 279, 300, 303 and 307 of 2025. Notice to the respondents was issued returnable on 3.3.2025; the learned AGP waived notice for respondent no.1 and Mr. B.K. Pawar (holding for Mr. A.B. Kale) waived notice for the respondent claimants. Ad-interim stay was granted to the judgment and award under challenge, subject to the applicants depositing the entire awarded amount with the Registry of this Court / Reference Court within eight (8) weeks. No quantum is specified in the order and no statute or precedent is cited.

ca 81.25+group.odt

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

28 CIVIL APPLICATION NO. 81 OF 2025 IN FAST/274/2025 WITH

CIVIL APPLICATION NO. 83 OF 2025 IN FAST/274/2025

WITH

CIVIL APPLICATION NO. 84 OF 2025 IN FAST/279/2025

WITH

CIVIL APPLICATION NO. 85 OF 2025 IN FAST/279/2025

The Executive Enginerr Waghur Dam And Anr

VERSUS

The Collector Jalgaon And Ors

AND

29 CIVIL APPLICATION NO. 86 OF 2025 IN FAST/260/2025 WITH

CIVIL APPLICATION NO. 87 OF 2025 IN FAST/260/2025

WITH

CIVIL APPLICATION NO. 88 OF 2025 IN FAST/263/2025

WITH

CIVIL APPLICATION NO. 89 OF 2025 IN FAST/263/2025

The Executive Engineer Waghur Dam And Anr

VERSUS

The Collector, Jalgaon And Ors

AND

30 CIVIL APPLICATION NO. 90 OF 2025 IN FAST/300/2025 WITH

CIVIL APPLICATION NO. 91 OF 2025 IN FAST/300/2025 WITH

CIVIL APPLICATION NO. 92 OF 2025 IN FAST/303/2025 WITH

CIVIL APPLICATION NO. 93 OF 2025 IN FAST/303/2025 WITH

ca 81.25+group.odt

2

CIVIL APPLICATION NO. 94 OF 2025 IN FAST/307/2025 WITH

CIVIL APPLICATION NO. 95 OF 2025 IN FAST/307/2025

The Executive Engineer, Waghur Dam Division Jalgaon And Anr

VERSUS

The Collector Jalgaon And Ors

… Advocate for Applicant : Mr. V V Tarde AGP for Respondents: Mr. D B Bhange

Mr. B.K. Pawar h/f Mr. A.B. Kale for respondents/claimants. (in all applications)

CORAM : S. G. CHAPALGAONKAR, J. Dated : January 06, 2025

ORDER :-

(Delay condonation application)

Heard.

Issue notice to the Respondents, returnable on 3.3.2025. Learned AGP waives notice for respondent no.1. Advocate Mr. B.K. Pawar h/f Mr. A.B. Kale waives notice for respondents /claimants.

Stay Application :-

Heard learned advocates appearing for the respective parties.

Having considered the submissions advanced, there shall be ad-interim stay to the judgment and award under challenge subject to condition that the applicant deposits entire awarded

ca 81.25+group.odt

3

amount with the Registry of this Court / Reference Court within a period of eight (8) weeks from today.

( S. G. CHAPALGAONKAR, J. )

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