Executive Engineer vs Ramdas Kalu Shirsat And Others
2023 Latest Caselaw 2553 Bom

Bhalchandra                                                40-Ia-408-2020.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 408 OF 2020
                                     IN
                    FIRST APPEAL (STAMP) NO. 732 OF 2020

Executive Engineer                                      ...Applicant/Appellant

        Versus

Ramdas Kalu Shirsat & Ors.                              ...Respondents
                                         .....
Ms. Chaitrali A. Deshmukh for the Applicant/Appellant.
Mr. Sachin Gite for the Respondents.
None for the Respondent No.15-State.
                                         .....
                                    CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 16th MARCH, 2023.

P.C.

1. Heard.

2. Mr. Sachin Gite waives service on behalf of the

Respondents-Claimants.

3. Against the common Judgment and Award passed by the

Civil Judge Senior Division, Nashik in Land Reference Nos.228 of 2010,

230 of 2010 and 231 of 2010, the acquiring body/Executive Engineer

has preferred this Appeal inter alia filed an Application seeking stay to

the effect, operation and implementation of the impugned Award.

4. Learned Counsel for the Applicant, on instructions, submits 1 of 2

Bhalchandra 40-Ia-408-2020.odt

that Execution Application has already been filed by the Respondents-

Claimants, and if the Award is executed, the Appeal would become

infructuous. The Counsel, therefore, seeks stay to the implementation

and operation of the said Award. It is submitted that the entire amount

under Award, with accrued interest, as on today, will be deposited in

the Trial Court within 12 weeks. Statement is accepted.

5. If the amount under Award, as above, is not deposited

within 12 weeks, the stay shall stand vacated automatically.

6. Upon depositing the amount of Award with interest, liberty

to the Respondents-Claimants to apply for withdrawal of 50% of the

amount of Award with accrued interest.

7. After withdrawal of the 50% of the Award amount, the

balance amount shall be deposited in the Fixed Deposit, initially for a

period of two years and shall further be renewed as per the Orders

passed thereafter.

8. Application stands disposed off.

[PRITHVIRAJ K. CHAVAN, J.]

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