The General Manager, Ordnance Factory v. Mrs. Sadrala Dhanlaxmi Nakulu

osk 23-caf-3564-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3564 OF 2018 IN FIRST APPEAL NO. 1061 OF 2018 The General Manager, Ordinance Factory Ambernath Taluka Ambernath ...

Applicant V/s.

Mrs.Sadrala Dhanlaxmi Nakulu ...

Respondent • Ms.Jyotsna N. Pandhi for the Applicant-Appellant. • Mr.Indrajeet Kulkarni for the Respondent.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 23rd JANUARY, 2019.

P.C. :

1] Learned counsel for the Applicant-Appellant submits that the principal amount of compensation is deposited in the Court and only interest amount is remained to be deposited. 2] In view thereof, the stay is granted to the execution of the award till decision of the appeal, subject to condition of the ApplicantAppellant's depositing the interest amount within the period of four weeks from today.

3] In case of failure of the Applicant-Appellant to deposit the interest amount within stipulated period, the stay shall automatically 1/2

osk 23-caf-3564-2018.odt stand vacated without further reference to this Court. 4] Learned counsel for the Respondent-Claimant seeks withdrawal of the entire amount deposited in the Court. 5] Learned counsel for the Applicant-Appellant opposes to withdrawal of the entire amount.

6] However, considering the requirement of the RespondentClaimant, she is permitted to withdraw 50% of the amount deposited in the Court, subject to filing of usual undertaking. 7] The Civil Application stands disposed off in above terms. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2