Vidarbha Patbandhare Vikas Mahamandal through Exective Engineer, Wan Project Division, Shegaon Vs Jagannath S/O Devidas Sabe and Others — Bombay HC (2025) — LawSathi Research

Vidarbha Patbandhare Vikas Mahamandal through Exective Engineer, Wan Project Division, Shegaon Vs Jagannath S/O Devidas Sabe and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Main appeal admitted and record and proceedings called for. Civil Application (F) No.2750/2024: ad-interim relief (stay of execution of the impugned award) confirmed upon the appellant's deposit. Civil Application (F) No.491/2025: respondent nos.1 and 2 permitted to withdraw the amount deposited by the appellant (Rs.4,34,222/-) along with accrued interest on furnishing the usual undertaking, without solvent surety.

Issue for consideration

Whether the ad-interim relief (stay of execution of the impugned award) granted by order dated 11.10.2024 should stand confirmed upon the appellant having deposited the amount in terms of that order. +1 more

Court's answer

The ad-interim relief (stay) granted by order dated 11.10.2024 stands confirmed because the appellant has deposited the amount in terms of that order.

Ratio / Principle

In Civil Application (F) No.491/2025, respondent nos.1 and 2 are permitted to withdraw the amount deposited by the appellant along with accrued interest on furnishing the usual undertaking (i.e., without solvent surety).

Key takeaways

Departure from the connected-matters formula (50% on undertaking and 25% on solvent surety) is justified because the land in the entire village has been acquired, so it is not possible to arrange for solvent surety; withdrawal is accordingly permitted on the usual undertaking alone.ratio¶20
The meagreness of the appellant's deposit of Rs.4,34,222/- was also a consideration for permitting respondent nos.1 and 2 to withdraw the amount without furnishing solvent surety.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Rohit W. Joshi, J., 13.02.2025 — First Appeal No.1288 of 2024, Vidarbha Patbandhare Vikas Mahamandal (through Executive Engineer, Wan Project Division, Shegaon, Dist. Buldhana) v. Jahannath s/o Devidas Sabe and others. The First Appeal was admitted and record and proceedings called for. In Civil Application (F) No.2750/2024, the ad-interim relief (stay of execution of the impugned award) granted by order dated 11.10.2024 was confirmed, the appellant having deposited the amount in terms of that order. In Civil Application (F) No.491/2025, moved by respondent nos.1 and 2 (the original claimants), the Court departed from the practice in connected matters — where 75% generally, or 50% on undertaking and 25% on solvent surety, was permitted — and allowed withdrawal of the entire amount deposited by the appellant (a meagre Rs.4,34,222/-) together with accrued interest on the strength of the usual undertaking alone, since it was undisputed that the land of the entire village had been acquired, making it impossible/difficult for the claimants to arrange a solvent surety.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

FIRST APPEAL NO.1288 OF 2024

(Vidarbha Patbandhare Vikas Mahamandal, thr. Executive Engineer, Wan Project Division, Shegaon, Dist. Buldhana Vs. Jahannath s/o Devidas Sabe and others)

------------------------------------------------------------------------------------------------------------------------------------Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar’s Orders.

Mr. P. B. Patil, Advocate for Appellant/Applicant. Mr. A. S. Deshpande, Advocate for Respondent Nos.1 & 2. Ms. M. R. Kavimandan, AGP for Respondent Nos.3 & 4/State.

CORAM: ROHIT W. JOSHI, J. DATE: 13th FEBRUARY, 2025.

Heard.

Admit .

Call for record and proceedings.

CIVIL APPLICATION (F) NO.2750/2024 :

Heard.

Since the appellant has deposited the amount in terms of order dated 11.10.2024 the ad-interim relief granted stands confirmed.

CIVIL APPLICATION (F) NO.491/2025 :

Heard.

This is an application by the respondent nos.1 and 2 original claimant seeking permission to withdraw the

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amount deposited by the appellant with this Court pursuant to order granting stay to execution of the impugned award. In other matters permission to withdraw 75% of the total amount has been granted. In that view of the matter, in the present case also the respondent nos.1 and 2 are permitted to withdraw the amount deposited by the appellant along with accrued interest on furnishing usual undertaking. In connected matters 50% amount is permitted to be withdrawn on undertaking and 25% amount is permitted to be withdrawn on furnishing solvent surety. However, in view of statement made by Mr. Deshpande that the land in the entire village has been acquired, and therefore, it is not possible to arrange for solvent surety, permission is granted to withdraw amount on furnishing usual undertaking. The appellant had deposited meagre amount of Rs.4,34,222/- which is also a consideration for permitting the respondent nos.1 and 2 to withdraw the amount without furnishing solvent surety. It is also necessary to note that it is undisputed that the land of entire village has been acquired and therefore, it is difficult for the respondent petitioner to arrange for solvent surety.

(ROHIT W. JOSHI, J.)

NSN