The State Of Maharashtra And ANR. v. Mr. Devidas Gopal Gharat

pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.951 OF 2015 IN FIRST APPEAL NO.276 OF 2015 The State of Maharashtra and Anr.

... Applicants In the matter between The State of Maharashtra and Anr.

... Appellants Vs.

Shri. Devidas Gopal Gharat ... Respondent WITH CIVIL APPLICATION NO.1719 OF 2015 IN FIRST APPEAL NO.276 OF 2015 Shri. Devidas Gopal Gharat ... Applicant In the matter between The State of Maharashtra and Anr.

... Appellant Vs.

Shri. Devidas Gopal Gharat ... Respondent Mr. Hemant P. Ghadigaonkar, for the Applicant in CA No.1719 of 2015 and for Respondent in CA No.951 of 2015.

Mr. A.R. Patil, AGP, for the Applicant in CA No.951 of 2015 and for Respondent in CA No.1719 of 2015.

CORAM : A.S. OKA & REVATI MOHITE DERE, JJ.

DATE : 15th JUNE, 2015 P.C.

1.

Heard the learned counsel appearing for the parties. In view of the nature of controversy, the Applications are disposed of by passing the following order :-

ORDER

(i) Rule issued on 16 th March, 2015 in Civil Application No.951 of 2015 is made absolute in terms of prayer clause (b) subject to Applicants in the said application depositing the entire compensation amount with the Reference Court within a period of one month from today. If the amount is not deposited within the stipulated time, stay shall stand vacated without further reference to the Court;

(ii) As and when the amount is deposited, the original claimants will be entitled to withdraw the amount of compensation subject to furnishing adequate security to the satisfaction of the Reference Court. Before accepting the security, the Reference Court shall give an opportunity of being heard to the Appellants in the Appeal;

(iii) If adequate security is not furnished by the original claimants within a period of four months from the date on which decretal amount is deposited, the same shall

be invested in Fixed Deposit in any Nationalised Bank till the disposal of the Appeals. Applications are disposed of on above terms.

(REVATI MOHITE DERE, J ) (A.S. OKA, J )