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Bombay High CourtCA/12045/2021allowed to be withdrawn at admission stage

The G.M.I.D.C., Thr Its Ex. Engineer, Nimna Duddhana Project Selu And ORS v. Chandrabhagabai Deorao Dangat

2023-11-07Hon'Ble Shri Justice Kishore C. Sant2 pages

1 905-CA-12045-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12045 OF 2021 IN FAST/17962/2019 THE GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION AND OTHERS

VERSUS

CHANDRABHAGABAI DEORAO DANGAT ...

Advocate for Applicants : Mr. Ranjit B. Gaikwad Advocate for Respondent : Mr. Kumar Gaurav More ...

CORAM : KISHORE. C. SANT, J.

DATE : 07th NOVEMBER, 2023 PER COURT :

1.

This application is filed seeking stay to the impugned judgment and award dated 09/07/2015, passed by learned 3rd Joint Civil Judge, Senior Division, Jalna, in L.A.R. No.333/2010. 2.

Considering that the award is of the year 2015 and the application is filed after much delay, this Court finds that it would be necessary to impose condition of depositing the entire amount if stay is to be granted.

3.

Civil Application is allowed in terms of prayer clause 'A', subject to condition that the applicants shall deposit the entire amount as directed in the award, along with the interest accrued, within a period of 12 weeks from today.

SVH

2 905-CA-12045-21.odt 4.

Considering that the amount is only Rs.1,40,000/- and the application is filed after much delay, respondent/claimant shall be entitled to receive the entire amount by furnishing undertaking that in case appeal succeeds they shall re-deposit the entire amount within a period of six weeks thereafter. (KISHORE. C. SANT, J.) SVH