Bombay High Court
V.I.D.C. Thr. Exe. Engineer, ... vs Shantabai Krushnarao Kadhane And ... on 24 August, 2021
Bench: Pushpa V. Ganediwala
28ca1585.21.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION NO. 1585 OF 2021
IN
FIRST APPEAL NO. 394 OF 2021
(V.I.D.C., Amravati & anr. Vs. Shantabai Krushnarao Kadhane and others.)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri M.A. Kadu, Advocate with Ms. Mallika Babhulkar,
Advocate for the appellant.
Shri S.S. Shingane, Advocate for respondent No. 1.
Shri A.M. Kadukar, Advocate for respondent Nos.5 & 6.
CORAM:- PUSHPA V. GANEDIWALA, J.
DATED :- AUGUST 24, 2021
Heard.
2. By way of this application, the appellant is
seeking permission to deposit the decretal amount and
grant of stay.
3. It is stated that vide order dated 03/05/2021,
this Court while granting ad-interim stay to the execution
and operation of the impugned judgment and decree,
directed the appellant to deposit the decretal amount
within a period of 12 weeks before this Court.
4. As the appellant could not deposit the
decretal amount within a stipulated period, the appellant
is seeking permission to deposit the same with the
Registry of this Court.
5. Considering the reasons as mentioned in the
application, the application is allowed. The appellant to
deposit an amount within a period of one week from the
date of this order. Thereafter, there shall be ad-interim
stay until further order.
6. The application stands disposed of.
CIVIL APPLICATION (ST.) NO. 9247/2021
Heard.
By way of this application, the
claimants/respondent Nos.1 to 4 are seeking exemption in
payment of Court fee till the decision of this Court in Writ
Petition No.4043/2019. It is pending before this Court at
Aurangabad Bench.
It is stated that the claimants in First Appeal
No. 394/2021 have also been exempted for the time being
for payment of Court fee vide order dated 03/05/2021.
Considering the aforesaid submission, the
claimants are exempted for payment of court fee subject
to the outcome of the Writ Petition No. 4043/2019.
The application stands disposed of.
CROSS-OBJECTION (ST.) NO. 9246/2021
Heard.
Issue notice to the respondents, returnable
after four weeks.
Shri A.M. Kadukar, learned Assistant
Government Pleader for respondent Nos.5 and 6 and Shri
M.A. Kadu, learned counsel for the appellant/respondent
Nos.1 and 2, waive notice.
FIRST APPEAL NO. 394/2021
AND
CROSS-OBJECTION (ST.) NO. 9246/2021
Heard.
Admit.
Call for R. & P.
The appellant - V.I.D.C. to file private paper
book within a period of six months.
JUDGE
*DB
