The State Of Maharashtra (Through The Special Land Acquisition Officer) v. Smt. Jijabai Anant Mhatre

p.18.caf.1010.2017.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1010 OF 2017 WITH CIVIL APPLICATION NO.1011 OF 2017 IN FIRST APPEAL (ST) NO. 1950 OF 2017 The State of Maharashtra ...Applicant/Appellant.

vs Jijabai Anant Mhatre

...Respondent

.....

Mr Yogesh Dabke, AGP for the Applicant/Appellant. Mr Sachin Punde for the Respondent .....

CORAM : M. S. SONAK, J APRIL 04, 2017 P.C. :

1.

Upon production, taken on board.

2.

Heard learned counsel for parties. Taking into consideration the cause shown, the delay in instituting the First Appeal is condoned. Civil Application No.1010 of 2017 is disposed of accordingly.

Further, there shall be a stay to the execution of the impugned award subject to the Appellant depositing the entire awarded amount together with interest, costs awarded by the Reference Court within a period of four weeks from today. In case of Pg 1 of 2

p.18.caf.1010.2017.doc failure to deposit the amount, the ad-interim order to stand vacated without further reference to the Court.

The Respondents are permitted to withdraw 50 % of the deposited amount upon furnishing an undertaking that they shall bring back such an amount together with interest, in case they are so directed at the stage of final disposal of the appeal. Insofar as the balance 50 % amount is concerned, leave is granted to withdraw the same upon furnishing a Bank guarantee of a Nationalized Bank, to be kept alive until the disposal of this appeal. ( M. S. SONAK, J. ) Pg 2 of 2