Maharashtra Industrial Development Corpoation v. Pandurang Shivram Naik D/H- Taramati Pandurang Naik And ANR

60 caf 3062-08=.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3062 OF 2008 IN FIRST APPEAL NO. 235 OF 2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Prahsant Chawan a/w Ms. Chaitali Kandare I/b Navdeep Vora & Asso. for the Applicant.

Mr. Dhiraj Gole I/b R.R. Salvi for Respondent.

CORAM: K.K.TATED, J.

DATED : 17/10/2019 P.C.

Heard learned Counsel for the Applicant.

By this Civil Application, the Applicants are seeking stay of the operation and implementation of the Judgment and Award dated 31.03.2007 passed by the learned Joint Civil Judge, Senior Division, Alibag in LAR No. 991 of 2000.

The learned Counsel for the Applicant submits that they deposited entire awarded amount with interest in Reference Court. Statement is accepted.

Considering the submissions made by the learned Counsel for the Applicant and averments made in Civil Application and the Sneha Chavan 1/2

60 caf 3062-08=.odt statement made by the learned Counsel for the Applicant that the entire amount is deposited by them in Reference Court, I am satisfied that Applicant has made out a case for allowing this Civil Application.

Hence, the following order is passed:

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

"a) Pending the hearing and final disposal of the above Appeal, the operation, implementation and execution of the Judgment and Order dated March31, 2007 passed by the Court of Joint Civil Judge, Senior Division, Alibag being LAR no. 991 of 2000 be stayed."

b) The Reference Court is directed to invest the amount in fixed deposit of any nationalised bank, initially for a period of one year and same to be continued till further order.

c) Liberty is granted to the Respondents-Claimants, if they so desire, to prefer an appropriate application for withdrawal of amount and that to be decided on its own merits.

d) Civil Application stands disposed of accordingly.

e) No order as to costs.

(K.K.TATED, J.) Sneha Chavan 2/2