K.T. Construction Through Its ... vs Mr. Bandu Nathu Kokare And Ors
2022 Latest Caselaw 12953 Bom

           Digitally signed
           by JITENDRA
JITENDRA SHANKAR
         NIJASURE
SHANKAR Date:
NIJASURE 2022.12.15
           11:13:30
           +0530




                                                                      13-ia-2109-2020.doc

jsn
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
                                       INTERIM APPLICATION NO.2109 OF 2020
                                                       IN
                                           FIRST APPEAL NO.495 OF 2020

           K.T. Construction                                           ...Applicant

                              Versus

           Mr. Bandu Nathu Kokare & Ors.                               ...Respondents
                                       ----------
           Mateen Shaikh with Farzana Sawant for the Applicant / Appellant.
                                                      ----------

                                                CORAM :       R.I. CHAGLA J.
                                                DATE :        13TH DECEMBER, 2022.
           ORDER :

1. By this Interim Application, the Applicant has sought stay

of the operation, implementation and execution of the impugned

judgment and order dated 7th January, 2020 in MACT No.288 of

2012 passed by MACT, Baramati.

2. The learned Advocate for the Appellant undertakes to

deposit the entire amount awarded by MACT, Baramati with accrued

interest within a period of six week from today. He has stated that the

amount shall be deposited within a period of six weeks from the date

of this Order. The statement is accepted.

13-ia-2109-2020.doc

3. In view of the statement made, there shall be ad-interim

relief in terms of prayer clause (a) of the Interim Application, subject

to deposit of the amount as above.

4. If the Applicant fails to deposit the entire amount within

six weeks, ad-interim relief shall stand vacated without further

reference to the Court.

5. After depositing the amount, the Applicant shall inform

the Respondents - Claimants about the factum of deposit within one

week.

6. The Respondents are at liberty to take out appropriate

application in this Court for withdrawal of the amount deposited

with the MACT, Baramati.

7. Issue notice to the Respondents, returnable on 17th

January, 2023. In addition to the Court Notice, the Appellant is

permitted to serve by way of private notice on the Respondents and

file Affidavit of Service to that effect on or before next date.

8. Stand over to 17th January, 2023. The First Appeal shall

also be listed on that date.

[R.I. CHAGLA J.]