Regonal Officer Maharashtra ... vs Lalbahadur Ram Yadav
2022 Latest Caselaw 4538 Bom

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SHAGUFTA Q PATHAN
Q PATHAN Date:                                                             909-IA-2349-2022.doc
         2022.04.29
         13:00:29
         +0530
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                 INTERIM APPLICATION NO. 2349 OF 2022
                                             (FOR STAY)
                                                  IN
                                 FIRST APPEAL (STAMP) NO. 2387 OF 2022


                   Regional Officer,
                   Maharashtra Industrial
                   Development Corporation                          ...Applicant
                       Versus
                   Lalbahadur Ram Yadav & Anr.                       ...Respondents


                   Mr. Ashish Gabhale i/b Jay & Co. for the Applicant

                   Mr. Tejas D. Deshmukh for the Respondent No. 1

                   Mr. R. P. Kadam, A.G.P for the Respondent No. 2-State

                                             CORAM : REVATI MOHITE DERE &
                                                     MADHAV J. JAMDAR, JJ.

THURSDAY, 28th APRIL 2022

P.C. :

1 The applicant has impugned the judgment and award dated 18 th

February 2021 passed by the learned Civil Judge, Senior Division, Pune in

Land Reference No. 143/2004, by which, the learned Judge enhanced the

compensation amount of Rs. 2,61,55,792/-.

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            2           We have admitted the First Appeal by a separate order passed

today. Learned counsel for the applicant/MIDC states that the applicant is

ready to deposit the entire amount of compensation awarded under the said

Land Reference No. 143/2004 in the Reference Court within six weeks

from today. Statement accepted.

3 Upon the said amount being deposited, there shall be stay to

the execution, operation and implementation of the impugned judgment and

award.

4 On the said amount being deposited, the respondent No.1-

claimant is permitted to withdraw 50% of the said amount, subject to the

respondent No.1 filing an affidavit that in the event, the appeal is allowed,

the amount withdrawn by him will be brought back along with the accrued

interest thereon, as may be determined by this Court, at the stage of final

hearing of the appeal.

            5           As far as the balance 50% is concerned, the same shall be



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invested by the Tribunal in any Nationalized Bank, initially for a period of 5

years, which will be renewed from time to time.

6 Application is disposed of on the aforesaid terms.

7 All concerned to act on the authenticated copy of this order.

MADHAV J. JAMDAR, J. REVATI MOHITE DERE, J.

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