The Executive Engineer, Medium Project, Osmanabad and Others v. Malikarjun Chanmalappa Wakade
Case brief
What is this about?
Bombay High Court Aurangabad bench; Shailesh P. Brahme, J.; dated 17.04.2026; file nos. 970-972; Civil Application Nos. 4487, 4490, 4493 of 2026 with allied Civil Application Nos. 4488, 4491, 4494 and 699-710 of 2026 in first appeals FAST/1792/2026, FAST/1788/2026, FAST/1828/2026, FAST/1839/2026, FAST/1894/2026, FAST/1901/2026. Applicants: Nilkantheshwar Daivat Balsur through Secretary Satyanarayan Indrajit Jadhav; Ashok Sambhaji Wakade; Malikarjun Chanmalappa Wakade. Respondents: State of Maharashtra through Collector and others; Respondent/Acquiring Body. Advocates: Shashikiran N. Patil (applicants); AGPs N. R. Dayma, A. R. Kale, S. V. Hange (State); Sunita D. Shelke (acquiring body). Decisions: partial release of 80% of amount deposited by respondent/acquiring body with accrued interest on undertaking to Registrar (Judicial); balance invested in nationalized bank; full release on mere undertaking held unsafe given acquiring body's appeals substantially challenging impugned judgments and awards; delay of 497-533 days in preferring first appeals condoned (no malafides inferred); first appeals admitted with notice waived for claimants and records called; ad-interim stay relief confirmed and stay applications disposed. Keywords: deposit withdrawal, undertaking, Registrar (Judicial), 80 percent release, accrued interest, nationalized bank investment, delay condonation, first appeal admission, ad-interim relief confirmation, acquiring body.