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Bombay High CourtIA/138/2020disposed off

Executive Engineer, Nandur Madhyameshwar Project, v. Jijabai Jagannath Gaikhe And ORS.

2021-03-15Hon'Ble Shri Justice C.V. Bhadang2 pages

14-1-caf-138-2020 in fast-231-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.138 OF 2020 IN FIRST APPEAL (ST) NO.231 OF 2020 Executive Enginner, Nandur Madhyameshwar Project ..Applicant Vs.

Jijabai Jagnnath Gaikhe & Ors.

..Respondents ---- Ms.Chitrali Deshmukh for the Applicant.

by Nilam Kamble Date:

2021.03.15 15:16:18 +0530 Nilam Kamble Mr.Sachin Gite for Respondent Nso.1 and 2a.

Mr.A.R. Patil, AGP for Respondent No.4-State. ---- CORAM : C.V. BHADANG, J.

DATE : 15th MARCH 2021 P.C.:

1.

Not on board. Taken on board.

2.

Issue notice to the respondents, returnable on 26th April 2021.

3.

Mr.A.R. Patil, the Additional Government Pleader waives service on behalf of the respondent no.4. 4.

Mr.Sachin Gite waives service on behalf of respondent Nos.1 and 2a.

5.

Private notice is allowed, in addition to the regular mode.

N.S. Kamble page 1 of 2

14-1-caf-138-2020 in fast-231-2020 6.

The applicant to file affidavit of service by the next date.

7.

The learned counsel for the applicant submits that the applicant shall deposit the entire amount of the award along with interest before the Reference Court within twelve weeks from today. 8.

In such circumstances, there shall be interim stay of the impugned judgment and award pending appeal subject to the applicant depositing entire amount of the award along with interest before the Reference Court within twelve weeks from today. 9.

In the event of failure to depoist the amount the stay shall stand vacated without reference to the Court. 10.

The Civil Application is disposed of.

C.V. BHADANG, J.

N.S. Kamble page 2 of 2