The Executive Engineer, ... vs Ujjwala Sudhir Kokate And Ors
2021 Latest Caselaw 15200 Bom

                                                                       6 IA.1676.2020.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO. 1676 OF 2020
                                      IN
                     FIRST APPEAL (STAMP) NO. 2475 OF 2020
                                     WITH
                     INTERIM APPLICATION NO. 1677 OF 2020
                                      IN
                     FIRST APPEAL (STAMP) NO. 2475 OF 2020

The Executive Engineer, Gunjawani Project                   Applicant

          Versus

Ujjwala Sudhir Kokate & Ors.                                Respondents

                                           .......
Mr. D. D. Shinde a/w Mr. Y. G. Thorat for the Applicant.
Mr. A. R. Patil, AGP for Respondent Nos. 2 & 3.
Mr. Gaurav Potnis i/b Pallavi Potnis for Respondent No. 1.
                                     .......
                                       CORAM : SURENDRA P. TAVADE, J.
                                       DATE      : 22nd OCTOBER, 2021

P.C.:

              INTERIM APPLICATION NO. 1676 OF 2020

.             Learned Counsel appearing for Respondent No. 1 has not received
copy of the application. Learned Counsel for the Applicant is directed to
serve copy of the application for condonation of delay on Respondent No. 1
or Counsel. Stand over to 22nd December, 2021.


              INTERIM APPLICATION NO. 1677 OF 2020

1.            This is an application for stay to the implementation of the impugned

R. V. Patil                                                                                1/2




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                                                                         6 IA.1676.2020.doc

judgment and award passed in Land Reference No. 484 of 2000 by the
District Judge - 19, Pune. It is contended that the acquiring body indend to
challenge the judgment and award. The Respondents have no objection if
the acquiring body deposits the entire amount of compensation along with
interest in the Court. Learned Counsel for the Applicant submits that the
acquiring body is ready to deposit the amount of award along with interest.


2.            Learned Counsel for the Respondents submits that the liberty may be
given to the Respondents to withdraw the said amount. Liberty is granted.
Hence I pass the following order:
                                          ORDER

i) The stay is granted in terms of prayer Clause - "a" with condition that the Applicant to deposit the entire amount of compensation along with interest in the trial Court within six seeks from today, in default the order of stay would be vacated.

ii) Liberty is granted to the Claimants/Respondents, if they desire to prefer appropriate application for withdrawal of amount and then application will be decided.

                                                    [SURENDRA P. TAVADE, J.]




R. V. Patil                                                                                 2/2