The Executive Engineer, Minor Irrigation Division No.1, Aurangabad And Another v. Dashrath Dhondiram Chindhe

ca.10904.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 10904 OF 2016 IN FAST/23170/2015 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO.1, AURANGABAD AND ANOTHER V/S DASHRATH DHONDIRAM CHINDHE ...

Mr. Ruturaj Patil, Advocate for the Applicant. ...

CORAM :

P. R. BORA, J.

DATE :

11th August, 2016.

P.C.:

.

Not on board. Taken on board.

2.

Heard, Mr. Patil, learned Counsel for appellants/applicants. The learned Counsel submits that vide order dated 21st August, 2015 passed by this Court, stay was granted for execution of award impugned in the present appeals subject to deposit of the amount under the award within eight weeks from the date of passing of the said order. The learned Counsel further submits that since the appellants/applicants could not deposit the amount within the said period, another application was filed seeking extension of time. Accordingly, time was extended by two weeks to deposit the amount under award. The learned Counsel further submits that the

ca.10904.16.odt appellants/applicants could not deposit the amount within the said period and consequently the interim relief granted in favour of the appellants/applicants was vacated.

3.

The learned Counsel submits that, now the appellants/applicants are ready to deposit the cheque of the amount of compensation within two weeks from the date of this order. The learned Counsel has therefore prayed for staying execution of the award impugned in the present appeals. The learned Counsel for the original claimants in all this appeal has no objection for permitting the appellants/applicants to deposit the amount of compensation and for passing necessary orders.

4.

The appellants are permitted to deposit with the Registry of this Court the cheque of the amount of compensation within a period of two weeks from the date of this order and subject to such deposit, execution of the award impugned in the present appeal shall stand stayed till disposal of the present appeals. Civil Application stands disposed of.

[ P. R. BORA, J. ] ndm