← Library
Bombay High CourtCA/13789/2025admittedallowedgrantedrule absolute

Vijay Kondiba Narwade v. The Executive Engineer Majbootikaran Omerga

2026-04-24Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:19036 1 937

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 13789 OF 2025 IN FA/451/2025 (WITHDRAWAL) VIJAY KONDIBA NARWADE

VERSUS

THE EXECUTIVE ENGINEER MAJBOOTIKARAN OMERGA WITH CIVIL APPLICATION NO. 10284 OF 2024 IN FA/451/2025 (STAY) THE EXECUTIVE ENGINEER MAJBOOTIKARAN OMERGA

VERSUS

VIJAY KONDIBA NARWADE AND OTHERS ...

Advocate for applicant : Mr. N.D. Kendre h/f. Mr. V.B. Deshmukh Advocate for respondent no. 1 : Mr. A.S. Shelke AGP for the respondent - State : Mr. N.R. Dayma ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 24 APRIL 2026 PER COURT :

Heard both sides.

2.

Applicant seeks to withdraw amount of Rs. 9,90,286/- deposited in this Court.

3.

Application is contested by Acquiring Body on the ground that the enhancement is more than 7 times.

4.

It is practical to allow the applicant to recive part of the amount. Entire amount cannot be disbursed.

2 937 The applicants are permitted to withdraw 50% of the amount together with accrued interest on furnishing undertaking and 25% of the amount upon furnishing solvent surety / security, to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in Nationalized Bank. Application is partly allowed. FIRST APPEAL 5.

Admit.

6.

Mr. Shelke waives notice for respondent no. 1 and Mr. Dayma, AGP waives notice for respondent - State.

7.

Call for Record and Proceedings.

8.

Print is dispensed with.

APPLICATION FOR STAY 9.

As the amount is deposited, Civil Application for stay is disposed of. Intrerim relief stands confirmed.

[ SHAILESH P. BRAHME ] JUDGE arp/