The State Of Maharashtra And Another v. Mrs. Shevantilal Kasturchand Doshi And ORS.

11-CAF2650-15+.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2650 OF 2015 AND CIVIL APPLICATION NO. 3824 OF 2015 IN FIRST APPEAL (ST) NO. 12746 OF 2014 The State of Maharashtra & Anr.

...Petitioners

Versus

Shevantilal Kastruchand Doshi & Ors.

Power of Attorney Holder for Nos. 2 & 3)

...Respondents

Mr. A.R. Patil, AGP, for the Applicants..

None for the Respondents.

CORAM: A.S. OKA & G.S. PATEL, JJ.

DATED: 26th November 2015 PC:- 1.

As per the terms of ad-interim order dated 24th August 2015, the Applicants have not deposited the compensation amount. Now that the First Appeal is admitted, both the Civil Applications are disposed of by passing the following order:

(a) There will be interim relief in terms of prayer clause (b) of Civil Application No. 2650 of 2015, subject to the condition of the Applicants depositing entire compensation amount in terms of the impugned

11-CAF2650-15+.DOC Judgment and Award with the Reference Court within a period of two months from today;

(b) If the amount is not deposited within the stipulated time, the stay shall stand vacated without further reference to the Court;

(c) It will be open for the original Claimants to withdraw the said amount so deposited on furnishing adequate security for the said amount to the satisfaction of the Reference Court. The Applicant shall be heard by the Reference Court before accepting the security; (d) On the failure of the original Claimants to withdraw the compensation amount within a period of four months from the date of such deposit, the Reference Court shall invest the said amount in a Fixed Deposit with any nationalized bank till the disposal of the Appeal.

2.

In view of this, Civil Application No. 3824 of 2015 stands disposed of as no further order is necessary on the said Application. (G. S. PATEL, J.) (A.S. OKA, J.)