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Bombay High CourtCA/3257/2025admittedallowedgrantedrule absolute

The Tapi Irri. Devlop. Officer, Thr The Ex. Engineer, M.I.W. Jalgaon And ANR v. Pandharinath Jagannath Hadpe

2025-03-21Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Prafulla S. Khubalkar3 pages

2025:BHC-AUG:8809-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3269 OF 2025 IN FIRST APPEAL NO. 1198 OF 2021 WITH CIVIL APPLICATION NO. 3258 OF 2025 IN FIRST APPEAL NO. 1189 OF 2021 WITH CIVIL APPLICATION NO. 3257 OF 2025 IN FIRST APPEAL NO. 1193 OF 2021 WITH CIVIL APPLICATION NO. 3252 OF 2025 IN FIRST APPEAL NO. 1190 OF 2021 WITH CIVIL APPLICATION NO. 3251 OF 2025 IN FIRST APPEAL NO. 1196 OF 2021 WITH CIVIL APPLICATION NO. 3250 OF 2025 IN FIRST APPEAL NO. 1195 OF 2021 WITH CIVIL APPLICATION NO. 3249 OF 2025 IN FIRST APPEAL NO. 1197 OF 2021 WITH CIVIL APPLICATION NO. 3248 OF 2025 IN FIRST APPEAL NO. 1200 OF 2021 WITH CIVIL APPLICATION NO. 3262 OF 2025 IN FIRST APPEAL NO. 1192 OF 2021 WITH CIVIL APPLICATION NO. 3261 OF 2025 IN FIRST APPEAL NO. 1188 OF 2021 WITH CIVIL APPLICATION NO. 3265 OF 2025 IN

(2) FIRST APPEAL NO. 1187 OF 2021 WITH CIVIL APPLICATION NO. 3264 OF 2025 IN FIRST APPEAL NO. 1191 OF 2021 WITH CIVIL APPLICATION NO. 3266 OF 2025 IN FIRST APPEAL NO. 1194 OF 2021 WITH CIVIL APPLICATION NO. 3263 OF 2025 IN FIRST APPEAL NO. 1201 OF 2021 WITH CIVIL APPLICATION NO. 3267 OF 2025 IN FIRST APPEAL NO. 1199 OF 2021 THE TAPI IRRI. DEVELOP. OFFICER, THROU THE EX. ENGINEER M.I.W. JALGAON AND ANOTHER

VERSUS

VILAS DHANJI ZALTE ...

Advocate for Applicants : Mr. Rahul A. Tambe Advocate for Respondent : Mr. A.B. Kale ...

CORAM : R. G. AVACHAT AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 21st March, 2025 PER COURT:

1.

These are the applications filed by appellants seeking stay to the impugned judgment and award passed by the reference Court. 2.

By order dated 07.04.2021, this Court has earlier granted interim stay subject to deposit of 60% of the amount awarded by reference Court within the stipulated time. Since the payment was not

(3) made, by subsequent order dated 28.09.2021, the stay was vacated and civil applications were rejected.

3.

Now the appellants submit that although earlier the amount could not be deposited within the time granted, now the appellants are ready to deposit amount of 60% and prays for grant of stay to the impugned judgment and award.

4.

Considering the reasons stated in the applications, we allow the applications in terms of prayer clause 'B'. The appellants are directed to deposit the cheques within a period of one week from today in all the cases. Civil Applications for stay are allowed and disposed of.

(PRAFULLA S. KHUBALKAR, J.) (R. G. AVACHAT, J.) spc