The State Of Maharashtra And ANR v. Pandurang Bhila Vanjari

1 928-CA-8498-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 8498 OF 2016 IN FAST/16402/2016 THE STATE OF MAHARASHTRA AND ANR

VERSUS

PANDURANG BHILA VANJARI ...

AGP for Applicants : Mr. B.V. Virdhe ...

CORAM : K.K. SONAWANE, J.

DATED : 19th DECEMBER, 2017.

Order :- 1.

Heard learned AGP for the applicant-State of Maharashtra. Despite service of notice none appears on behalf of respondents/original claimants. Perused the application. 2.

Learned AGP submits that exorbitant compensation came to be enhanced by the Reference Court in favour of claimants in this case. Hence learned AGP prays for stay to the execution and implementation of the impugned award.

3.

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

2 928-CA-8498-16 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 applicant- State referred above shall stand vacated automatically without further reference to this Court with liberty to respondent/s-original claimant/s 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.