Executive Engineer, Kadwa Canal Project, Nashik Division vs Shivram Waman Satbhai and Anr. — Bombay HC (2025) — LawSathi Research

Executive Engineer, Kadwa Canal Project, Nashik Division vs Shivram Waman Satbhai and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the first appeal condoned (Interim Application No. 7951 of 2025 allowed in terms of prayer clause (b)); First Appeal (ST) No. 6702 of 2025 admitted with directions to file a private paper book within one year and remove office objections within eight weeks; interim stay of execution of the impugned award granted (Interim Application No. 7952 of 2025 allowed) subject to deposit of the entire amount as per the impugned order in the executing court within twelve weeks, with liberty to the claimants to withdraw 50% on undertaking and 50% against bank guarantee upon deposit, failing which the claimants may execute the impugned order.

Issue for consideration

Whether the delay in filing First Appeal (ST) No. 6702 of 2025 should be condoned. +1 more

Court's answer

In the facts and circumstances of the case and for the reasons stated in the application, the delay in filing the first appeal is condoned and Interim Application No. 7951 of 2025 is allowed in terms of prayer clause (b).

Ratio / Principle

The first appeal is admitted; the respondents' advocates waive service; records and proceedings are called for; printing is dispensed with; the appellants are to file a private paper book within one year and remove office objections, if any, within eight weeks.

Key takeaways

Interim stay of execution of the impugned award is granted in terms of prayer clause (b) of Interim Application No. 7952 of 2025, subject to the entire amount as per the impugned order being deposited in the executing court within twelve weeks from the date of the order.ratio¶40
If the deposited amount is not paid within twelve weeks, the respondents (claimants) shall be entitled to execute the impugned order.ratio¶41
Upon deposit, the claimants may withdraw 50% of the deposited amount subject to filing the usual undertaking to bring back the amount as directed by this court or the executing court, and the remaining 50% on furnishing a bank guarantee to the satisfaction of the executing court.

Detailed headnote1 paragraphs

Bombay High Court (Gauri Godse, J.), 10 October 2025 — First Appeal (ST) No. 6702 of 2025 filed by the Executive Engineer, Kadwa Canal Project, Nashik Division against the order/award granting enhancement of compensation in a Land Acquisition Reference: (i) delay in filing the appeal condoned and Interim Application No. 7951 of 2025 allowed in terms of prayer clause (b); (ii) appeal admitted, records and proceedings called for, printing dispensed with, private paper book to be filed within one year and office objections to be removed within eight weeks; (iii) Interim Application No. 7952 of 2025 allowed — execution of the impugned award stayed subject to deposit of the entire amount as per the impugned order in the executing court within twelve weeks; on failure to deposit, the claimants are entitled to execute the impugned order; on deposit, the claimants may withdraw 50% of the deposited amount on the usual undertaking to bring back the amount if so directed, and the remaining 50% on furnishing a bank guarantee to the satisfaction of the executing court.

906-FAST-6702-2025.docx

rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 6702 OF 2025 WITH

INTERIM APPLICATION NO. 7951 OF 2025 (Condonation of Delay) WITH INTERIM APPLICATION NO. 7952 OF 2025 (Stay Application)

Executive Engineer … Applicant/Appellant Kadwa Canal Project

Nashik Division

Vs.

Shivram WamanSatbhai and … Respondents Another

Ms. Chaitrali Deshmukh for the Applicant/Appellant. Mr. Sachin Gite for the Respondents.

Mr. D. J. Haldankar, AGP for the Respondent-State.

CORAM : GAURI GODSE, J. DATE : 10^th OCTOBER 2025

ORDER :

Interim Application No. 7951 of 2025

This application is for condonation of delay in filing the

first appeal. First Appeal is filed to challenge the order granting enhancement of compensation in Land Acquisition Reference. Learned counsel for the applicant submits that

the reasons for the delay are explained in paragraph 5 of the

application.

Digitally signed by RAJESHWARI RAJESHWARIRAMESH RAMESH PILLAI PILLAI Date: 2025.10.27 03:48:41 +0200

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906-FAST-6702-2025.docx

The respondents (claimants) are served and are

represented through advocate.

3. In the facts and circumstances of the case and for the

reasons stated in the application, delay is condoned and the application is allowed in terms of prayer clause (b).

First Appeal (St) No. 6702 of 2025

Admit.

Learned Advocate for the respective respondents

waive service.

Call for records and proceedings.

Printing is dispensed with.

Learned advocate for the appellants shall file a private

paper book within a period of one year from today.

9. Office objections, if any, shall be removed within a

period of eight weeks from today.

Interim Application No. 7952 of 2025

This application is for stay to the execution of the impugned award. Respondents (claimants) are served and are represented through Advocate. This court has already

granted ad-interim stay subject to depositing the entire

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906-FAST-6702-2025.docx

amount in the executing court. If the amount is not yet deposited, the same shall be deposited within twelve weeks from today. Subject to depositing the entire amount as per the impugned order within twelve weeks from today, there will be interim stay in terms of prayer clause (b).

It is clarified that if the amount is not deposited, the respondents (claimants) shall be entitled to execute the impugned order.

If the amount is deposited, the respondents-claimants shall be permitted to withdraw 50% of the amount so deposited subject to filing usual undertaking stating that the amount shall be brought back by the claimants as would be directed by this court or the executing court as the case may be. So far as the remaining 50% is concerned, the claimants shall be permitted to withdraw the same on furnishing the bank guarantee to the satisfaction of the executing court.

Interim Application is allowed in the aforesaid terms.

[GAURI GODSE, J.]

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