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Bombay High CourtWP/3597/2018disposed offdismissed for default

Datta Arjunrao Naikwade v. The Union Of India And Others

2019-03-05Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

1 14 WP 3597.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

14 WRIT PETITION NO.3597 OF 2018 DATTA ARJUNRAO NAIKWADE

VERSUS

THE UNION OF INDIA AND ORS.

......

Mr. S.S.Tope h/f Mr. A.B.Hawale, Advocate for petitioner.

Mr. D.G.Nagode, Advocate for R - 1.

Mr. S.K.Tambe, AGP for R - 2 & 4.

Mr. D.S.Manorkar & Mr. M.V.Kini, Advocates for R - 3.

Mr. A.B.Dhongade, Advocate for R - 5.

......

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 05/03/2019 .......

ORAL ORDER:

.

Mr. Tope, learned counsel for petitioner submits that the Award is passed in favour of the petitioner initially on 12/02/2016. Thereafter the Award is corrected and the corrected award is passed on 06/09-02-2017. The respondents are not paying the compensation amount as per the said award.

2.

Learned counsel for the respondents submits that the petitioner is paid the amount as per the Award dated 12/02/2016. In-fact, the competent authority could not have passed the corrected award. The respondents are in process of challenging the corrected award and same would be done within two months.

2 14 WP 3597.2018 3.

The corrected award dated 06/09-02-2017 is in force. 4.

As suggested by the learned counsel for the respondents that the respondents are in process of challenging the corrected award and it may require two months. If the respondents file proceeding before the Arbitrator challenging the corrected award dated 06/09-02-2017, then within two months from today the amount under the corrected award be deposited with the Arbitrator. In case the corrected award is not challenged by the respondents, then within a period of 3 months from today the amount as per the corrected award be paid to the petitioner. The Arbitrator will decide about the validity of the corrected award. It is made clear that we have not given any opinion about the corrected award. 5.

Writ petition accordingly disposed of. No costs. [A.M.DHAVALE] [S.V.GANGAPURWALA] JUDGE JUDGE KNP.