Maharashtra Industrial Development Corporation v. Shri. Rajaram Dhyaneshwar Jagtap And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application NO.2034/2019 in First Appeal NO.1110/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Prashant Chavan I/b. M/s. Chaitali Kandare I/b. Navdeep Vora Associates for the Applicant Mr. Sagar Kursija I/b. T. D. Deshmukh for Respondent Nos.1 and 2, 3A to 5C, 4 to 12.

CORAM: K.K.TATED, J.

DATED : OCTOBER 3, 2019 P.C.

Pursuant to the praecipe filed by the learned counsel for the Applicant, the matter is taken on production board.

By this Civil Application the Applicant Insurance Co. is seeking stay to the operation and implementation of the judgment and award dated 06.02.2018 passed by the District Judge - 18, Pune in LAR No.142/2004.

The learned counsel for the Applicant submits that this court, by order dated 13.08.2019 granted ad1/3

interim relief on condition that the Applicant to deposit the entire awarded amount with interest in the Reference Court on or before 03.09.2019. He submits that they have deposited the same on 11.09.2019. Hence, this Hon'ble Court be pleased to extend the time for compliance of order dated 13.08.2019.

Considering the submissions made by the learned counsel for the Applicant and as the entire awarded amount is deposited in the Reference Court on 11.09.2019, following order is passed:

a.

Time to comply with order dated 13.08.2019 shall be treated to be extended till 11.09.2019.

b.

The Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) pending the hearing and final disposal of this First Appeal, operation, implementation and execution of the impugned judgment and decree dated 06.02.2018, passed by the Ld.

District Judge - 18, Pune in Land Acquisition Reference No.142 of 2004 be stayed."

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c.

The Tribunal is directed to invest the award amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till hearing and final disposal of the appeal.

d.

Liberty granted to the claimants to prefer an appropriate Application for withdrawal of amount, if they so desire, which will be decided on its own merits.

e.

The Civil Application stands disposed of accordingly.

f.

No order as to costs.

(K.K.TATED, J.) 3/3