V.I.D.C. Thr. Exe. Engineer ... vs Swastik Bricks Industries Thr. ...
2022 Latest Caselaw 1343 Bom

5-CAF-283-2022                                                                           1

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.
                  CIVIL APPLICATION (F) NO. 283 OF 2022
                     IN FIRST APPEAL NO. 168 OF 2022
(Vidarbha Irrigation Development Corporation Vs. Swastik Bricks Industries (A partnership
            firm, through partners) Sanjaykumar Ramashankar Tiwari & Ors.)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions           Court's or Judge's orders.
and Registrar's Orders.

                               Ms. A.S. Athalye, Advocate for the applicant/
                               appellant.
                               Mr. A.A. Madiwale, A.G.P. for respondent Nos. 2 & 3/
                               State.
                                                .....
                                          CORAM : A.S. CHANDURKAR &
                                                      PUSHPA V. GANEDIWALA, JJ.

FEBRUARY 08, 2022.

Heard.

2] This is an application filed under Order 41 Rule 5 of the Code of Civil Procedure for grant of stay to the impugned judgment and decree dated 25/03/2021 passed by the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Nagpur in Case No. 89/NGP/NGP/2018.

3] Ms. Athalye, learned counsel for the applicant/ appellant submits that the applicant is ready to deposit 75% of the decreetal amount.

4] Given the aforesaid submission, there shall be an ad-interim stay to the effect and operation of the impugned judgment and decree dated

25/03/2021 passed by the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Nagpur in Case No. 89/NGP/NGP/2018, subject to deposit of 75% of the decreetal amount by the applicant within a period of twelve weeks.

5] The Civil Application stands disposed of.

FIRST APPEAL NO. 168/2022.

                 6]             Admit.

                 7]             Mr.   A.A.    Madiwale,    learned     A.G.P.,

waives service of notice for respondent Nos. 2 and 3.

                 8]             Call R & P.

                 9]             The appellant to file private paper-book

within a period of six months.

                 [




                                (JUDGE)                     (JUDGE)

                 Sumit

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:08.02.2022 17:55