Executive Engineer, Nandur ... vs Pratap Vasant Gund And Ors
2022 Latest Caselaw 6726 Bom

                                                         1/3            26-ia-279-2020 in fast-476-2020.doc



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                        INTERIM APPLICATION NO. 279 OF 2020
                                                         IN
                                          FIRST APPEAL (ST) NO. 476 OF 2020

                     Executive Engineer, Nandur
                     Madhyameshwar Project                             ...Applicant
                                  Vs.
                     Pratap Vasant Gund and Ors.                       ...Respondents
                                                        .....

        Digitally
        signed by
                     Ms. Chaitrali Deshmukh, for the Applicant / Appellant.
MAMTA   MAMTA
        AMAR KALE
AMAR
KALE
        Date:
        2022.07.19
                     Mr. Sachin Gite, for the Respondent Nos.1 to 4.
        10:34:28
        +0530
                     Mr. N. B. Patil, AGP for the Respondent No.5 / State.
                                                        .....

                                              CORAM : SHRIKANT D. KULKARNI, J.

                                              DATE : 15 JULY, 2022

                     P.C.

                     .            It is an application for stay moved by the Applicant /
                     Appellant.


                     2.           Heard Ms. Chaitrali Deshmukh, learned counsel for the
                     Applicant / Appellant, Mr. Sachin Gite, for Respondent Nos.1 to
                     4 and Mr. N. B. Patil, learned AGP for the Respondent No.5 /
                     State.

                     Mamta Kale
                                        2/3             26-ia-279-2020 in fast-476-2020.doc



3.           In order to protect legal interest of the Appellant involved
in the subject matter, it would be appropriate to grant interim stay
on condition of depositing entire decreetal amount with the
Reference Court.


4.           Having regard to the submissions of Ms. Chaitrali
Deshmukh, learned counsel for the Applicant / Appellant, I
proceed to pass the following order.
                                   ORDER

(i) The operation and execution of the impugned judgment and award passed in L.A.R. No.100/2010 by the Reference Court / learned Civil Judge, Senior Division, Nashik, is hereby stayed till final decision of the appeal, on condition that Appellant shall deposit entire decreetal amount with accrued interest thereon, with the Reference Court, learned Civil Judge, Senior Division, Nashik, within three months from today.

(ii) Inform to concerned Civil Court / Reference Court accordingly.

(iii) In case of failure on the part of Appellant / Applicant to deposit entire decreetal amount as directed by this Court, the interim stay granted by this Court shall stand vacated.

(iv) List the matter after three months for compliance of this order.

Mamta Kale 3/3 26-ia-279-2020 in fast-476-2020.doc

Stand over to 17 October 2022.

(SHRIKANT D. KULKARNI, J.)

Mamta Kale