Executive Engineer, Nandur ... vs Trambak Savliram Gowardhane And ...
2021 Latest Caselaw 17019 Bom

                                                                                 10-fast-8574-2021.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                         FIRST APPEAL (ST.) NO.8574 OF 2021
                                                       WITH
                                       INTERIM APPLICATION NO.3356 OF 2021
                                                       WITH
                                     INTERIM APPLICATION (ST.) NO.8578 OF 2021
                                                       WITH
                                         FIRST APPEAL (ST.) NO.8985 OF 2021
                                                       WITH
VISHAL                                   FIRST APPEAL (ST.) NO.8988 OF 2021
SUBHASH                                                WITH
PAREKAR                                INTERIM APPLICATION NO.3357 OF 2021
Digitally signed by
                                                       WITH
VISHAL
SUBHASH
                                       INTERIM APPLICATION NO.3358 OF 2021
PAREKAR
Date: 2021.12.07
18:31:01 +0530        Executive Engineer,
                      Nandur Madhyameshwar Project, Nashik          ...Applicant/Appellant
                                 vs.
                      Trambak Savliram Gowardhane and Ors.                   ...Respondents

                      Ms. Chaitrali Deshmukh, for the Applicant/Appellants
                      Mr. A.R. Patil, AGP for the Respondent-State.

                                               CORAM :    N. J. JAMADAR, J.

                                               DATE :     DECEMBER 07, 2021
                      P.C.:

                      .       Heard the learned counsel for the applicant.

2. The learned counsel for the applicants submits that the

respondents have been served by private notice, though the Court

notice had not been issued for want of spare copies having been

furnished.

3. The learned counsel has tendered affdavit of service.

4. The learned counsel undertakes to furnish copies for issue of

notice through Court.

Vishal Parekar, P.A. ...1 10-fast-8574-2021.doc

4. Let the spare copies be furnished within a period of one week.

5. Issue notice to the respondents returnable 18th January,

2022.

6. The learned counsel for the applicant submits that the

applicant is ready to deposit the entire amount of compensation

along with interest accrued thereon in terms of the impugned

judgment and award dated 28th March, 2018 passed in LAR Nos.

332 of 2017 and 335 of 2017.

7. I have perused the impugned judgment and award. Arguable

points are raised for consideration in the appeal.

8. In view of the above, there shall be ad-interim stay to the

execution, operation and implementation of the impugned judgment

and award in in LAR Nos. 332 of 2017 and 335 of 2017 dated 28 th

March, 2018 subject to deposit of the entire amount of

compensation along with interest accrued thereon in terms of the

impugned award, before the executing Court, within a period of four

weeks from today.

9. In the event of default in depositing the amount of

compensation within the aforesaid period, the this order shall stand

vacated automatically.

                                          (N. J. JAMADAR, J.)


Vishal Parekar, P.A.                                                         ...2