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

The Executive Engineer, Medium Project, Osmanabad and Others vs Ishwar Shantappa 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 to be invested in a nationalized bank; delay of 497 to 533 days in preferring the first appeals condoned and those civil applications allowed; first appeals admitted with notice waived for respondents/claimants and Record and Proceedings called for; stay civil applications disposed of with the earlier ad-interim relief confirmed.

Issue for consideration

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

Court's answer

It would be unsafe to release the deposited amount only on an undertaking, because the acquiring body has preferred appeals with substantial challenge to the impugned judgments and awards and recovery would be very difficult if the appellants succeed; the interest of the appellants/acquiring body must simultaneously be safeguarded.

Ratio / Principle

The 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).

Key takeaways

Balance amount shall be invested in any nationalized bank.ratio¶37
The delay of 497 to 533 days in preferring the first appeals stands condoned; no malafides are inferred as the applications were not contested by the respondents/claimants.ratio¶42
The first appeals are admitted.ratio¶45

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Aurangabad Bench (Shailesh P. Brahme, J., per court), order dated 17.04.2026, disposing Civil Application Nos. 4487, 4490 and 4493 of 2026 (with allied applications) filed in first appeals arising out of FAST/1788/2026, FAST/1792/2026, FAST/1828/2026, FAST/1839/2026 and FAST/1894/2026 concerning amounts deposited by the respondent/acquiring body: (1) withdrawal applications allowed partly — applicants to receive 80% of the deposited amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial), balance to be invested in a nationalized bank, since the acquiring body has preferred appeals substantially challenging the impugned judgments and awards and recovery would be very difficult if the appellants succeed (unlike similarly situated claimants whose cases attracted no appeal from the acquiring body and who received the amount on undertaking alone); (2) delay of 497 to 533 days in preferring the first appeals condoned — applications uncontested, no malafides inferred; (3) first appeals admitted, notice waived by counsel for respondents/claimants, Record and Proceedings called for, parties free to file relevant papers; (4) stay applications disposed of with the earlier ad-interim relief confirmed in view of the deposit made pursuant to the earlier order.

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/-