The State Of Maharashtra And Another v. Baburao Ramrao Panchal And Another

1 9-CA-6024-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6024 OF 2015 IN FIRST APPEAL NO. 1670 OF 2016 The State of Maharashtra and another ...APPLICANTS versus Baburao Ramrao Panchal and another ...RESPONDENTS .....

Mr. K.D. Munde, AGP for applicants Mr. V.S. Giri, Advocate holding for Mr. S.L. Puri, Advocate for Respdts. .....

WITH CIVIL APPLICATION NO. 6030 OF 2015 IN FIRST APPEAL NO. 1671 OF 2016 CIVIL APPLICATION NO. 6028 OF 2015 IN FIRST APPEAL NO. 1672 OF 2016 CIVIL APPLICATION NO. 6026 OF 2015 IN FIRST APPEAL NO. 1673 OF 2016 ....

CORAM : K.K. SONAWANE, J.

DATED : 11th SEPTEMBER, 2017.

Order :- 1.

Heard learned AGP for the applicants/appellant-State as well as learned counsel for respondents-original claimants. This Court under order dated 28th August, 2017 granted stay to the execution of impugned Judgment and Award passed by the learned Reference Court subject to condition the applicants-appellants deposit the entire decreetal amount under award till next date, but there was no response received from the applicants-State uptil this date nor any amount was deposited.

2.

The learned AGP submits that order passed by this Court on 28th August, 2015 has already been communicated to the concerned Department, but there was no response for compliance of said order.

2 9-CA-6024-15 3.

Considering the nature of subject-matter, I find there is no propriety to grant stay to the impugned judgment and Award passed by the learned Reference Court. Hence, interim relief in the form of stay to the execution of impugned Award, granted by this Court under order dated 28th August, 2015 is hereby stands vacated and applications for stay stand rejected. The claimants are at liberty to execute the impugned award by filing appropriate proceedings before the learned Executing Court.

4.

The civil applications for stay stand disposed of accordingly. Sd/- [ K. K. SONAWANE ] JUDGE MTK