Bombay High CourtCA/2493/2020disposed offdismissed for default

The Ex. Engineer, Minor Irrigation Division, Jalgaon And ANR v. Bhimrao Narayan Dhobi (Died) Thr Lrs Vatsalabai And ORS

2020-02-25Hon'Ble Shri Justice K. K. Sonawane2 pages

{1} CA 2493.20 sr. no. 926.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CA/2493/2020 IN FAST/34935/2019 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANR

VERSUS

BHIMRAO NARAYAN DHOBI (DIED) THROUGH LRS VATSALABAI AND OTHERS....

Advocate for Applicants : Mr. Subhash S. Chillarge AGP for Respondents No. 6 and 7 : Mr. P.M. Kulkarni. CORAM : K.K. SONAWANE, J.

DATE : 25th FEBRUARY, 2020.

PER COURT:

Heard learned counsel for the applicant and learned AGP for respondent Nos. 6 and 7. Despite service of notice, no one appeared for respondent Nos. 1 to 5.

This Court under order dated 13.11.2019, granted interim relief of stay to the execution and implementation of the impugned judgment and award passed by the learned Reference Court subject to condition that the entire decretal amount would be deposited in this court within 8 weeks from the date of the order. Today, learned counsel for the applicant Acquiring Body produced the copies of letter correspondence forwarded to the Government authorities for budgetary allocation to deposit the decretal amount in this court. The learned counsel for Acquiring Body submits that the applicant has taken eforts to get the budgetary allocation from the Government of Maharashtra for compliance of the order passed by this court. Therefore, he seeks further extension of interim relief of stay for a further period of 10 weeks to facilitate the applicant Acquiring Body to get the funds from the Government of Maharashtra.

{2} CA 2493.20 sr. no. 926.odt In view of submission and the endeavour on the part of Acquiring Body for procuring the funds from the Government, there is no implement to continue the prohibitory order of stay granted by this court on 13th November, 2019. Hence, the application stands allowed in terms of prayer clause (B). The prohibitory order of stay is hereby continued for a further period of 10 weeks from the date of this order. Accordingly, the application stands disposed of. [K.K. SONAWANE] JUDGE.

Grt/-.