The State Of Mah And ANR v. Malhari Girjappa Wadkar

1 43-CA-11965-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 CIVIL APPLICATION NO. 11965 OF 2012 IN FAST/10017/2012 THE STATE OF MAHARASHTRA AND ANR

VERSUS

MALHARI GIRJAPPA WADKAR ...

AGP for Applicants - State: Mr. S.R. Yadav Advocate for Applicants : Mr. Nandagavale h/f Mr. V.G. Sakolkar ...

CORAM : K.K. SONAWANE, J.

DATED : 4th DECEMBER, 2017.

Order :- 1.

Heard learned AGP for applicants and learned counsel for respondent-original claimant.

2.

Learned AGP for applicants- Authorities submits that the stay may be granted to the execution and implementation of the Award passed by the learned Reference Court.

3. Considering the nature of subject matter and reasons mentioned in the application, I do not find any impediment to allow the applications 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 applicants- State authorities shall deposit the entire decreetal amount along with interest accrued thereon as awarded by the learned

2 43-CA-11965-12 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 applicants- State Authorities 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. 4.

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

[ K. K. SONAWANE ] JUDGE mtk.