Bombay High CourtCA/9337/2016disposed offdismissed for default

The G.M.I.D.C. Aurangabad Thr The Exe Engineer, Minor Irrigation Div. Osmanabad And ORS v. Premnath Shankar Birajdar

2018-01-05Hon'Ble Shri Justice K. K. Sonawane2 pages

1 923-CA-9334-16-S

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9334/2016 IN FAST/17413/2016 THE G.M.I.D.C. AURANGABAD THR THE EXE ENGINEER, MINORIRRIGATION DIV. OSMANABAD ANA OTHERS

VERSUS

JAYKUMAR WAMANRAO JOSHI AND ANR ...

Advocate for Applicant : Mr. P. R. Tandale.

AGP for Applicants No. 2, 3 : Mr. B. V. Virdhe. Advocate for Respondents (original claimants) : Mr. A.B.Kale with Mr.B.K.Pawar.

...

WITH CA/9337/2016 IN FAST/17964/2016 WITH CA/9341/2016 IN FAST/17987/2016 WITH CA/9345/2016 IN FAST/17976/2016 WITH CA/9349/2016 IN FAST/18006/2016 WITH CA/9352/2016 IN FAST/18000/2016 WITH CA/9357/2016 IN FAST/17994/2016 WITH CA/9360/2016 IN FAST/18015/2016 WITH CA/9363/2016 IN FAST/18011/2016 WITH CA/9367/2016 IN FAST/18030/2016 WITH CA/9371/2016 IN FAST/18026/2016 WITH CA/9374/2016 IN FAST/18019/2016 ...

CORAM : K.K. SONAWANE, J.

DATED : 5TH JANUARY, 2018.

Order :- Heard learned counsel for applicant- Acquiring Body and learned counsel for respondents (original claimants). 2.

Perused the applications. Learned counsel for applicantAcquiring Body submits that the stay may be granted to the execution and implementation of the Award passed by the learned Reference Court.

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

2 923-CA-9334-16-S by the learned Reference Court is hereby stayed, subject to condition that the applicant- Acquiring Body shall deposit the entire decreetal amount alongwith interest accrued thereon as awarded by the learned 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- Acquiring Body referred above shall stand vacated automatically without further reference to this Court and the respondents (original claimants) are liberty to execute the Award within ambit of Law before the Executing Court. 4.

Accordingly, the civil applications for stay stand disposed of in above terms.

[ K. K. SONAWANE ] JUDGE rrd.