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Bombay High CourtCAF/2648/2015disposed off

The State Of Maharashtra v. Mr. Subhash Narayan Mhatre And ORS.

2016-10-18Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

(908) CAF 2648-15 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2648 OF 2015 IN FIRST APPEAL NO. 906 OF 2015 The State of Maharashtra & Anr.

.. Applicants Vs.

Mr. Subhash Narayan Mhatre & Ors.

.. Respondents Mr. Amit Palkar for the Applicants.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 18 th OCTOBER, 2016.

P. C. :

1.

Heard learned counsel for the appellant.

2.

This is an application seeking stay to the execution of the Judgment and Award dated 30.07.2014 passed by the Civil Judge Senior Division, Raigad-Alibag in L.A.R. No. 139 of 2002. 3.

Learned AGP submits that the applicant is ready to deposit the entire amount of Award, within a period of twelve weeks from today. The statement is accepted as undertaking.

4.

In view thereof, the stay is granted to the execution of the impugned Judgment and Award, subject to the applicant depositing the entire amount of Award in the Trial Court, within a period of twelve weeks from today.

5.

On applicant depositing the aforesaid amount in the Trial 1/2

(908) CAF 2648-15 Court, the Trial Court is directed to invest the same in any Nationalized Bank, initially for a period of one year, to be renewed from time to time, till disposal of the First Appeal.

6.

On failure of the applicant to deposit the said amount within the stipulated time, the stay granted by this Court shall automatically stand vacated, without further reference to the Court. 7.

The Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2