Executive Engineer, Doodh-Ganga ... vs Shri. Madhav Alias Basagonda ...
2022 Latest Caselaw 6942 Bom

Citation : 2022 Latest Caselaw 6942 Bom
Judgement Date : 20 July, 2022

Bombay High Court

Executive Engineer, Doodh-Ganga ... vs Shri. Madhav Alias Basagonda ... on 20 July, 2022

Bench: Shrikant Dattatray Kulkarni

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                       Interim Application No.3014 of 2020
                                                          In
                                        First Appeal (st) No. 4368 of 2020

                      Executive Engineer,
                      Doodh-Ganga Canal,
                      Kolhapur                                         ...   Applicant
                            V/s.
                      Shri Madhav alias Basagonda
                      Shivagonda Patil & ors.                          ...   Respondents


                      Mr. Y.G.Thorat i/b. Mr. D.D.Shinde for the applicant.
                      Ms. Tanaya Goswami, AGP for respondents 2 to 4.
         Digitally
         signed by
         LATA SUNIL
LATA     PANJWANI
SUNIL
PANJWANI Date:
         2022.07.22                      CORAM : SHRIKANT D. KULKARNI,J.

14:22:15 +0530

20th July 2022

P.C.

This is an application for stay moved by the applicant.

2. Heard Mr. Thorat, learned Counsel for the applicant and Ms. Goswami, learned AGP for Respondent Nos. 2 to 4-State. Respondent No. 1 though duly served remained absent when matter is called out.

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3. Perused impugned Judgment and Award passed in L.A.R. No. 2/2014. The Award passed by the Reference Court is challenged before this Court on various grounds and it is under scrutiny. It is necessary to grant interim stay in order to protect the legal interest of the applicant involved in the subject matter.

4. There shall be ad-interim relief in terms of prayer clause (a) on condition that applicant shall deposit entire decretal amount with accrued interest thereon with the Reference Court/Civil Judge Senior Division, Kolhapur within eight weeks from today.

5. Issue notice to Respondents as to why interim stay granted by this Court should not be made absolute.

6. Registry to inform the concerned Reference Court accordingly.

7. Stand over to 14th September 2022.

(SHRIKANT D. KULKARNI, J)

L.S. Panjwani, P.S.