Maharashtra Jeevan Pradhikaran Through Secretary Water Supply v. Zahiroddin S/O Fayazoddin Inamdar

2025:BHC-AUG:6103

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

952 SECOND APPEAL NO. 36 OF 2024 Maharashtra Jeevan Pradhikaran Through Secretary Water Supply Mantralay, Mumbai And Ors

VERSUS

Zahiroddin Fayazoddin Inamdar ...

Advocate for Appellants : Mr. Vasmatkar Amol G. Advocate for Respondent : Mr. Zahiroddin Fayzoddin Inamdar ...

WITH CIVIL APPLICATION NO. 4042 OF 2023 IN SA/36/2024 Maharashtra Jeevan Pradhikaran Through Secretary Water Supply

VERSUS

Zahiroddin S/o Fayazoddin Inamdar ...

Advocate for Applicant : Mr. Vasmatkar Amol G Advocate for Respondent : Mr. Singh J.N. and Mr. A.N. Parde WITH SECOND APPEAL NO. 38 OF 2024 Shri Zahiroddin Fayazoddin Inamdar

VERSUS

Maharashtra Jeevan Pradhikaran Throught Secretary Water Supply, Mantralaya, Mumbai And Ors ...

Advocate for Appellant : Mr. Parde Anil Balajirao Advocate for Respondents : Mr. A.G. Vasmasmatkar WITH CIVIL APPLICATION NO. 6405 OF 2024 IN SA/36/2024 Shri Zahiroddin S/o Fayazoddin Inamdar

VERSUS

Maharashtra Jeevan Pradhikaran Through Secretary Water Supply ...

Advocate for Applicant : Mr. Parde Anil Balajirao ...

CORAM :

ROHIT W. JOSHI, J.

DATE :

27th FEBRUARY, 2025 P.C.:

Second Appeal Nos.36/2024 and 38/2024 :- 1.

Heard.

2.

Admit on the following substantial questions of law :- (i) In the absence of any clear findings as regards quantum of loss suferred by the plaintiff on account of alleged breach of contract, was the learned trial Court justified in awarding compensation/damages, as has been done in the impugned decree ?

3.

Call Record and Proceedings.

Civil Application No. 4042/2023 :- Vide order dated 27th March, 2023, execution of the impugned decree was stayed on the condition that the entire decreetal amount along with interest shall be deposited. The appellant has deposited a sum of Rs.10,00,000/- and seeks extension of four weeks for depositing remaining amount. Subject to the condition that the balance amount shall be deposited with this Court within four weeks from today, execution of the impugned decree shall stand stayed till the final disposal of the appeal.

2.

Civil Application stands disposed of.

[ROHIT W. JOSHI] JUDGE sga/