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Bombay High CourtCA/6612/2024admittedallowedgrantedrule absolute

The Executive Engineer Seena Kolegaon Project Division Paranda v. Bhagwan S/O Datta Devakar And ORS

2024-07-09Hon'Ble Shri Justice Kishore C. Sant2 pages

8ca6612 stay .24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 8 CIVIL APPLICATION NO. 6612 OF 2024 IN FAST/10070/2024 THE EXECUTIVE ENGINEER SEENA KOLEGAON PROJECT DIVISION PARANDA

VERSUS

BHAGWAN S/O DATTA DEVAKAR AND ORS ...

Advocate for Applicant : Mr. Shelke Sunita Dasharat AGP for Respondent Nos. 2 & 3 /State : Mrs.A.S.Mantri ...

CORAM : KISHORE C. SANT, J.

DATE : 09 JULY, 2024.

PER COURT :

1.

Heard the learned Advocate for the appellant/applicant.

2.

Learned AGP waives service of notice for Respondent Nos. 2 and 3 State.

3.

Learned Advocate for the applicants produced on record a copy of order dated 01.03.2023 passed in the group of

8ca6612 stay .24 matters, wherein, this Court has granted stay subject to depositing of the amount as per impugned judgment and award without the amount of interest under Section 28 of the Act. Therefore, in view of the said order this Court is inclined to pass following order :

ORDER

a) There shall be interim relief in terms of prayer Clauses (A) and (B).

b) Since the amount is already deposited without interest under Section 28 of the Act, in the Reference Court, there shall be stay to the effect, operation and implementation of the of the impugned judgment and award till next date.

( KISHORE C. SANT ) JUDGE mahajansb/