1 64-CA.396-23 & ors.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 64 CIVIL APPLICATION NO. 396 OF 2023 IN FAST/33977/2022 THE EXECUTIVE ENGINEER SEENA KOLEGAON MEDIUM PROJECT PARANDA OSMANABAD VERSUS KIRAN JAISHING JAGTAP WITH CIVIL APPLICATION NO. 13466 OF 2025 IN FAST/33977/2022 WITH CIVIL APPLICATION NO. 397 OF 2023 IN FAST/33977/2022 ... Advocate for Applicant : Mr. Malte Uday S. AGP for Respondent/s-State : Mr. N. D. Raje Advocate for Respondent Nos.1 to 3 : Mr. Madhav K. Jadhav h/f Mr. Abhijit S. More. ... CORAM : SHAILESH P. BRAHME, J. DATE : 13.01.2026 PER COURT :- 1. Appellant seeks to condone delay of 165 days in preferring appeal. 2. The averments of the application have not been controverted. There are no malafides. The delay stands condoned. Civil Application for delay is allowed. First Appeal 3. Admit. 2 64-CA.396-23 & ors.odt 4. Learned AGP waives service of notice for respondents- State Authorities. Learned counsel Mr. Jadhav holding for Mr. More waives service of notice for respondents/claimants. 5. Call for Record and Proceedings from the concerned Court. 6. Print is dispensed with. Civil Application for Stay 7. As the amount has been deposited in pursuance of the earlier order, ad-interim relief granted earlier shall stand confirm. 8. Civil application is disposed of. Civil Application for Withdrawal 9. Applicant seeks to withdraw amount of Rs.61,50,065/-. 10. Applicant is relying on the order dated 16.10.2025 passed by Co-ordinate Bench permitting the claimants to receive 75% of deposited amount with accrued interest on furnishing undertaking. However, in the present case entire amount with accrued interest has been deposited which is a huge figure. The interest of the justice would be sub-served in 3 64-CA.396-23 & ors.odt permitting the claimant to receive 75% of the amount with accrued interest on furnishing undertaking. 11. Civil application is partly allowed by permitting the claimant to receive 75% of the deposited amount on furnishing undertaking. 12. Balance amount shall be invested in nationalized bank. (SHAILESH P. BRAHME, J.) ... vmk/-