The Executive Engineer, Vidarbha ... vs Manohar S/O Mishrilal Mishra ...
2022 Latest Caselaw 9805 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH, NAGPUR.

                        WRIT PETITION NO. 5690 OF 2022
                     The Executive Engineer, VIDC, Awadhootwadi
                                          -Vs.-
                    Manohar s/o Mishrilal Mishara (dead) by his LRs.
                   Sushilabai wd/o Manohar Prasad Mishra and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.
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                                         Mr.Mangesh A. Kadu, counsel for the petitioner.
                                         Ms M.A.Barabde, AGP for respondent Nos.10 and 11.



                                                 CORAM : MANISH PITALE, J.

DATE : 26.09.2022

Heard the learned counsel appearing for the petitioner.

2. In the present case, the petitioner-Corporation is aggrieved by warrant of attachment issued by the Executing Court in the context of payment of compensation to the respondents/claimants. According to the Executing Court, the warrant of attachment was necessary for recovering amount of Rs.21,87,139/-.

3. The learned counsel for the petitioner- Corporation has invited attention of this Court to comparative charts placed on record to demonstrate that the Executing Court is not justified in accepting the calculation made by the claimants as per the judgment and decree that had attained finality. It is submitted on behalf of the petitioner-Corporation that if the

KHUNTE 65-WP5690.22.odt

calculations are to be made strictly in terms of the judgment and decree, of which execution is sought, as on today, the petitioner-Corporation has deposited amounts before the Executing Court, excess to the extent of Rs.3,88,803/-.

4. In view of the above, issue notice for final disposal, returnable on 20/11/2022.

5. Learned AGP Ms M.A.Barabde waives notice on behalf of respondent Nos.10 and 11.

6. In the meanwhile and till the next date of listing, there shall be ad interim stay in terms of prayer clause

(iv).

7. The petitioner-Corporation to ensure service of notice on respondent Nos.1 to 9 before the returnable date.

JUDGE

Signed By:GHANSHYAM S KHUNTE

Signing Date:26.09.2022 16:19

KHUNTE