Regonal Officer Maharashtra Industrial Development Corporation v. Lalbahadur Ram Yadav

Digitally signed by SHAGUFTA Q PATHAN Date:

2022.04.29 13:00:29 +0530 SHAGUFTA Q PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2349 OF 2022 (FOR STAY) IN FIRST APPEAL (STAMP) NO. 2387 OF 2022 Regional Officer, Maharashtra Industrial Development Corporation ...Applicant

Versus

Lalbahadur Ram Yadav & Anr.

...Respondents

Mr. Ashish Gabhale i/b Jay & Co. for the Applicant Mr. Tejas D. Deshmukh for the Respondent No. 1 Mr. R. P. Kadam, A.G.P for the Respondent No. 2-State CORAM : REVATI MOHITE DERE & MADHAV J. JAMDAR, JJ.

THURSDAY, 28 th APRIL 2022 P.C. :

The applicant has impugned the judgment and award dated 18th February 2021 passed by the learned Civil Judge, Senior Division, Pune in Land Reference No. 143/2004, by which, the learned Judge enhanced the compensation amount of Rs. 2,61,55,792/-.

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We have admitted the First Appeal by a separate order passed today. Learned counsel for the applicant/MIDC states that the applicant is ready to deposit the entire amount of compensation awarded under the said Land Reference No. 143/2004 in the Reference Court within six weeks from today. Statement accepted.

Upon the said amount being deposited, there shall be stay to the execution, operation and implementation of the impugned judgment and award.

On the said amount being deposited, the respondent No.1claimant is permitted to withdraw 50% of the said amount, subject to the respondent No.1 filing an affidavit that in the event, the appeal is allowed, the amount withdrawn by him will be brought back along with the accrued interest thereon, as may be determined by this Court, at the stage of final hearing of the appeal.

As far as the balance 50% is concerned, the same shall be 2/3

invested by the Tribunal in any Nationalized Bank, initially for a period of 5 years, which will be renewed from time to time. Application is disposed of on the aforesaid terms. All concerned to act on the authenticated copy of this order. MADHAV J. JAMDAR, J.

REVATI MOHITE DERE, J.

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