The Executive Engineer, Medium Project, Osmanabad and Others vs Ashok Sambhaji Wakade — Bombay HC (2026) — LawSathi Research

The Executive Engineer, Medium Project, Osmanabad and Others vs Ashok Sambhaji Wakade — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal civil applications allowed partly: applicants permitted to receive 80% of the deposited amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial); balance amount to be invested in any nationalized bank. Delay-condonation civil applications allowed (delay of 497 to 533 days condoned). First appeals admitted; service of notice waived by learned counsel Mr. Patil for respondents/claimants; Record and Proceedings called for from the concerned Court; parties at liberty to file relevant papers. Ad-interim relief granted earlier confirmed and stay civil applications disposed of.

Issue for consideration

Whether the applicants may be permitted to withdraw the amount deposited by the respondent/acquiring body, and on what terms and safeguards. +2 more

Court's answer

It would be unsafe to release the deposited amount only on an undertaking, because unlike the similarly situated matters where no appeal was preferred, the acquiring body has preferred appeals substantially challenging the impugned judgments and awards, and recovery would be difficult if the appellants succeed.

Ratio / Principle

The ends of justice would be met by permitting the applicants to receive 80% of the amount with accrued interest on furnishing an undertaking to the satisfaction of the Registrar (Judicial), thereby simultaneously safeguarding the interest of the appellants/acquiring body.

Key takeaways

The balance amount (remaining 20% of the deposit) shall be invested in any nationalized bank.ratio¶¶37
The delay ranging from 497 to 533 days in preferring the first appeals stands condoned: the applications were not contested by the respondents/claimants and there is no reason to infer any malafides on the part of the applicants.ratio¶¶43
Since the amount has been deposited in pursuance of the earlier order, the ad-interim relief granted earlier stands confirmed, and the stay civil applications are disposed of accordingly.ratio

Detailed headnote1 paragraphs

Bombay HC (Aurangabad Bench), Shailesh P. Brahme, J., 17.04.2026 - Batch of civil applications (withdrawal of deposited amount, condonation of delay, and stay) filed in first appeals FAST/1792/2026, FAST/1788/2026, FAST/1828/2026, FAST/1839/2026, FAST/1894/2026 and FAST/1901/2026 by claimants/applicants Nilkantheshwar Daivat Balsur (through Secretary Satyanarayan Indrajit Jadhav), Ashok Sambhaji Wakade and Malikarjun Chanmalappa Wakade against the State of Maharashtra through Collector and others (respondent/acquiring body). Holdings: (i) unsafe to release the entire amount deposited by the acquiring body on a bare undertaking, since the acquiring body has preferred appeals substantially challenging the impugned judgments and awards (unlike similarly situated matters where no appeal was filed and claimants received the amount on undertaking); hence applicants permitted to withdraw 80% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial), with the balance invested in a nationalized bank; (ii) delay of 497 to 533 days in preferring the first appeals condoned (applications uncontested; no malafides inferred); (iii) first appeals admitted, service waived for respondents/claimants, Record and Proceedings called for; (iv) ad-interim relief granted earlier confirmed in view of the deposit already made pursuant to the earlier order, and stay applications disposed of.

970-CA.4487-26 (970 to 972).odt

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

970 CIVIL APPLICATION NO. 4487 OF 2026

IN FAST/1792/2026

NILKANTHESHWAR DAIVAT BALSUR THROUGH SECRETARY SATYANARAYAN INDRAJIT JADHAV

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS

WITH CIVIL APPLICATION NO. 4488 OF 2026 IN FAST/1788/2026 WITH CIVIL APPLICATION NO. 699 OF 2026 IN FAST/1788/2026 WITH CIVIL APPLICATION NO. 700 OF 2026 IN FAST/1788/2026 WITH CIVIL APPLICATION NO. 701 OF 2026 IN FAST/1792/2026 WITH CIVIL APPLICATION NO. 702 OF 2026 IN FAST/1792/2026

AND

971 CIVIL APPLICATION NO. 4490 OF 2026 IN FAST/1828/2026 ASHOK SAMBHAJI WAKADE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS

WITH CIVIL APPLICATION NO. 706 OF 2026 IN FAST/1901/2026 WITH CIVIL APPLICATION NO. 705 OF 2026 IN FAST/1901/2026 WITH CIVIL APPLICATION NO. 703 OF 2026 IN FAST/1828/2026 WITH CIVIL APPLICATION NO. 704 OF 2026 IN FAST/1828/2026 WITH CIVIL APPLICATION NO. 4491 OF 2026 IN FAST/1901/2026

AND

972 CIVIL APPLICATION NO. 4493 OF 2026

IN FAST/1839/2026 MALIKARJUN CHANMALAPPA WAKADE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS

WITH CIVIL APPLICATION NO. 4494 OF 2026 IN FAST/1894/2026 WITH CIVIL APPLICATION NO. 707 OF 2026 IN FAST/1839/2026 WITH CIVIL APPLICATION NO. 708 OF 2026 IN FAST/1839/2026 WITH CIVIL APPLICATION NO. 709

2 970-CA.4487-26 (970 to 972).odt

OF 2026 IN FAST/1894/2026 WITH CIVIL APPLICATION NO. 710 OF 2026 IN FAST/1894/2026

Advocate for Applicants : Mr. Shashikiran N. Patil. AGP for Respondent/s-State : Mr. N. R. Dayma, Mr. A. R. Kale, Mr. S. V. Hange, respectively.

Advocate for Respondent/Acquiring Body : Ms. Sunita D. Shelke.

CORAM : SHAILESH P. BRAHME, J. DATE : 17.04.2026

PER COURT :-

Heard both sides.

Applicants seek to withdraw amount deposited by the

respondent/acquiring body for the reasons stated in the applications.

Learned counsel for the applicants submits that in a similarly situated matters, no appeal was preferred by the acquiring body and those claimants were permitted to receive the amount on furnishing undertaking. His clients are ready to furnish undertaking.

The applications are contested by learned counsel appearing for respondent/acquiring body on the ground that acquiring body has preferred appeals and there is substantial challenge to the impugned judgments and awards. If the

970-CA.4487-26 (970 to 972).odt

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appellants succeed then it would be very difficult to recover the amount.

Considering the rival submissions of the parties, I find that it would be unsafe to release the amount only on undertaking. The matters in which the claimants were permitted to receive the amount, appeals were not preferred by the acquiring body. The interest of the appellants/acquiring body has also to be safeguarded simultaneously. Ends of the justice would be met in permitting the applicants to receive 80% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial).

Civil applications are allowed partly by permitting the applicants to receive 80% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial).

Balance amount shall be invested in any nationalized bank.

Civil Applications for Delay

Applicants seek to condone delay ranging from 497 to 533 in preferring first appeals.

970-CA.4487-26 (970 to 972).odt

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The applications are not contested by the

respondents/claimants. There is no reason to infer any malafides on the part of the applicants. The delay stands condoned.

Civil applications are allowed.

First Appeals

Admit.

Learned counsel Mr. Patil waives service of notice for respondents/claimants.

Call for Record and Proceedings from the concerned Court.

Parties shall be at liberty to file relevant papers.

Civil Applications (Stay)

As the amount has been deposited in pursuance of the earlier order, ad-interim relief granted earlier shall stand confirm. Civil applications are disposed of.

(SHAILESH P. BRAHME, J.)

vmk/-