Executive Engineer Pimpalgaon Joge Project v. Mr Laxman Umaji Pansare(Deceased) Thr. L/H 1a.Mr.Govind Laxman Pansare And ORS

2310.13-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2310 OF 2013 IN FIRST APPEAL (ST) NO.34188 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V. S. Tadke for the Applicant CORAM : K. K. TATED, J.

DATE : JANUARY 28, 2015 P.C.:

1.

This Application is preferred for stay of the operation and implementation of the impugned judgment and award dated 23/12/2011 passed by the Adhoc District Judge - 2, Pune in LAR No.134/2000.

2.

Office note shows that the Applicant failed to deposit the decretal amount as per order dated 20/09/2013 passed by this court.

3.

The learned counsel for the Applicant submits that the Applicant requires some more time to deposit the entire decretal amount including interest and costs, if any in the Reference Court.

4.

This Application is being decided without issuing any notice to the Respondent.

Basavraj G Patil 1/2

2310.13-caf 5.

Liberty granted to the Respondent to file an appropriate Application for withdrawal of the amount, which will be decided on its own merits. Hence, the following order:

a) Time to comply with order dated 20/09/2013 is extended by four weeks from today i.e. to deposit the entire decretal amount including interest and cost, if any, in the Reference Court, failing which the Civil Application shall stand dismissed without further reference to the court.

b) If the awarded amount is deposited within stipulated time as stated hereinabove, the Reference Court is directed to invest the entire amount in a fixed deposit account of any Nationalized bank, initially for a period of one year which will be renewed from time to time till final disposal of the appeal.

c) Liberty granted to the Respondent to file an appropriate Application for withdrawal of the amount, which will be decided on its own merits.

d) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2