Central Railway Through The ... vs Balaram Maruti Pawar Since ...
2023 Latest Caselaw 9883 Bom

                                                                       24-IA-15303-2023.doc
2023:BHC-AS:28206

                    Shailaja
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION
                               INTERIM APPLICATION NO.15303 OF 2023
                                                IN
                               FIRST APPEAL [STAMP] NO.21904 OF 2023

                    Central Railway                        ]          Appellant
                           vs.
                    Balaram Maruti Pawar                   ]
                    (since deceased) through Legal         ]
                    Heirs; Nirmala Balaram Pawar and others]          Respondents
                                                     .....
                    Ms. Leena Patil, for the Appellant.

                    Mr. Sachin Punde, for Respondent.
                                                  .....

                                                CORAM : PRITHVIRAJ K. CHAVAN, J.

                                                DATE      : 25th September, 2023.
                    P.C.

1. This is an application seeking stay to the execution of the

impugned Judgment and Award dated 18 th December, 2021 passed

by the Reference Court enhancing the compensation to the tune of

Rs.25,38,123/- in Land Reference No.366 of 2019.

2. Heard learned Counsel for the applicant as well as

respondent-claimant.

3. There shall be interim stay to the execution of the judgment

and award subject to deposit of entire amount of enhanced

1 of 2 24-IA-15303-2023.doc

compensation with costs and interest in the Reference Court within

six weeks.

4. If the amount is deposited, the claimant will be at liberty to

withdraw the same subject to furnishing security to the satisfaction

of the Reference Court. Reference Court shall grant an opportunity

of being heard to the applicant before accepting the security.

5. In the event, security is not furnished by the claimant within a

period of six weeks from the date on which the amount is

deposited, the same shall be invested in Fixed Deposit of the

Nationalized Bank for a period of one year, which shall be renewed

from time to time subject to the orders of this Court.

6. Application is disposed of in the aforesaid terms.

[PRITHVIRAJ K. CHAVAN, J.]

Signed by: Shailaja Halkude Designation: PA To Honourable Judge 2 of 2 Date: 26/09/2023 17:43:42