V.I.D.C Through Its Executive Engineer, Minor Irrigation Project, Wardha v. Ashok Keshavrao Pawar And Others

2026:BHC-NAG:1075 1 11-CAF-447-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.447 OF 2026 IN FIRST APPEAL NO.335 OF 2024 VIDC, Wardha Vs. Ashok Keshavrao Pawar and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. A.S. Athalye, Advocate for the Applicant/Appellant. Mr. R.J. Shinde, Advocate for Respondent No.1. Ms. K.H. Bhondge, AGP for Respondent Nos.2 and 3/State. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 19 th JANUARY, 1.

By this application, the applicant/appellant seeks condonation of delay and extension of time to deposit the cheque for the amount of compensation.

2.

It is pointed out that by an Order dated 25.08.2023 on Civil Application No.788/2023, this Court has allowed the application filed by the applicant/appellant and granted stay to the execution of impugned judgment and award dated 16.03.2022, subject to deposit of the entire amount of compensation within a period of 10 weeks from that day. However, the amount was not deposited within the period of 10 weeks, neither any application was filed before the expiry of the said period of 10 weeks. 3.

The interim relief granted by this Court was continued and now this application for extension of time and permission to deposit the amount is filed on 07.01.2026.

4.

Perusal of the application shows that there are only details about exchange of communication and the only reason put forward is paucity of funds. Undisputedly, the application is filed after a period of about two years and

2 11-CAF-447-2026.odt three months and there is no convincing explanation for this delay.

5.

Although the applicant/appellant has enjoyed the interim relief for the entire period, it appears that the applicant/appellant has treated the order passed by this Court casually and has not bothered to comply the same within a period of 10 weeks', granted initially and has not even bothered to submit an application before expiry of the period of 10 weeks.

6.

Despite this, considering the fact that the original claimants are entitled for the amount of compensation, which is to be deposited by the appellant-insurance company, even though the reasons mentioned are not convincing and sufficient, only in the interest of justice, the applicant/appellant is required to be granted time to deposit the amount. However, subject to cost of Rs.10,000/- (Rupees Ten Thousand Only) to be deposited within a period of two weeks from today in the 'Public Welfare Account', which is directed to be opened by an Order dated 12.01.2026, passed by the Hon'ble Division Bench of this Court in Suo Moto Public Interest Litigation (SMPIL) No.01/2021, the details of which can be obtained from the Registrar (Judicial), Nagpur Bench, Nagpur. 7.

The applicant/appellant is accordingly permitted to deposit the cheque towards the amount of compensation in this Court within the period of one week from today. In view of that, civil application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J . ) Privel