Shri.Umesh Bharat Bhise And ANR. v. Smt.Raksha Ashok Surti And ORS.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2164 OF 2017 IN FIRST APPEAL NO.673 OF 2017 Umesh Bharat Bhishe and Anr.

.... Applicants V/s.

Raksha Ashok Surti and Ors.

.... Respondents Mr. Prosper D'Souza, I/by Mr. Rajendra Anbhule, for the Applicants. Mr. Madhav J. Jamdar for Respondent Nos.1 and 2. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 27 TH SEPTEMBER, 2018.

P.C. :

1.

Heard Mr. D'Souza, learned counsel for the Applicants, and Mr. Jamdar, learned counsel for Respondent Nos.1 and 2. 2.

This is an application seeking stay to the execution of the Award and the Decree passed by the Tribunal. As the stay is sought, the Applicants are required to deposit, at-least, 50% of the amount of compensation, as awarded by the Tribunal. Learned counsel for the Applicants submits that, Applicants are not in a position to do so. 3.

In view thereof, Applicants are directed to deposit 25% of the total 1/2 29-CAF-2164-17.doc

amount of compensation with the Tribunal within a period of four weeks from today and remaining 25% of the total amount of compensation in the subsequent four weeks; thus, totally 50% of the amount of compensation to be deposited within a period of eight weeks from today, failing which the stay will stand automatically vacated, without any further reference to the Court.

4.

Civil Application is disposed off.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 29-CAF-2164-17.doc