The State Of Maharashtra(Through The Special Land Acquisition Officer) And ANR. v. Shri. Anant Govind Jage

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1650 OF 2015 IN FIRST APPEAL NO.538 OF 2015 The State of Maharashtra and Anr.

...Appellants v/s.

Anant Govind Jage

...Respondent.

--- Mr.A.R.Patil, AGP for the Appellants/Applicants. Mr.Hemant Ghadigaonkar, for the Respondent.

--- CORAM: A. S. OKA & REVATI MOHITE DERE, JJ.

DATED : 10th JUNE, 2015.

P.C.

1.

Heard learned AGP for the applicants and learned counsel for the respondent.

2.

The impugned Judgment and Award is in the nature of a money decree. Hence, as a condition for grant of stay, the applicants will have to deposit the decretal amount with the Reference Court. 3.

Accordingly, we dispose of the application by passing the

2/2 58.caf.1650.2015.doc following order :-

ORDER

i) There shall be interim relief in terms of prayer clause (b), subject to the condition of the applicants depositing entire decretal amount with the Reference Court 0within a period of three months from today ;

ii) If the amount is not deposited within the stipulated period, the interim relief shall stand vacated, without further reference to the Court. If the amount is deposited, it will be open for the respondent to withdraw the same on furnishing adequate security to the satisfaction of the Reference Court ; iii) The security shall not be accepted, without giving an opportunity of being heard to the applicants; iv) On the failure of the respondent to furnish adequate security as aforesaid within a period of four months from the date of receipt of writ of this order by the Reference Court, the said Court shall invest the same in any nationalised bank in fixed deposit, till the final disposal of the appeal. 4.

Civil Application is disposed of on the aforesaid terms. (REVATI MOHITE DERE,J.) (A.S. OKA,J.)