The State Of Mah Thr Collector And ANR v. Ramkishan Bankatlal Punpale

1 17-CA-4638-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 CIVIL APPLICATION NO. 4638 OF 2012 IN FAST/6815/2012 THE STATE OF MAH THR COLLECTOR AND ANR

VERSUS

RAMKISHAN BANKATLAL PUNPALE ...

Advocate for Applicants : Mr. B.V. Virdhe ...

CORAM : K.K. SONAWANE, J.

DATED : 11th JANUARY, 2018.

Order :- 1.

Heard learned AGP for applicant-State. Despite service of notice no appearance has been caused on behalf of respondent-original claimant. 2.

Learned AGP for applicant - Acquiring Body submits that the stay may be granted to the execution and implementation of the Award passed by the learned Reference Court. Considering the nature of subject matter and reasons mentioned in the application, I do not find any impediment to allow the application by imposing certain terms and conditions. Hence, application for stay stand allowed in terms of prayer clause 'B'.

The execution and operation of the impugned Judgment and Award passed by the learned Reference Court is hereby stayed, subject to condition that the applicant- Acquiring Body shall deposit the entire decreetal amount along with interest accrued thereon as awarded by the learned Reference Court within twelve (12) weeks from the date of this Order in this Court, failure to which, the stay granted to the impugned Judgment and Award in favour of applicant - Acquiring Body referred above shall stand vacated automatically without further reference to this Court with liberty to respondent-original claimant to avail the recourse of law for execution of the Award within ambit of law.

3. Accordingly, the application for stay stands disposed of in above terms.

Sd/- [ K. K. SONAWANE ] JUDGE MTK.