The Executive Engineer, Osmanabad Medium Project Division, Osmanabad v. Sanjay Arun Gaikwad And Others

30-ca7545-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7545 OF 2021 IN FAST/19015/2020 THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD

VERSUS

SANJAY ARUN GAIKWAD AND OTHERS ---- Ms.Sunita Shelke, Advocate for applicant Mr.S.N.Patne, Advocate for respondent no.1 Mr.K.S.Patil, AGP for respondent nos.2 and 3 ---- CORAM : R.G. AVACHAT, J.

DATE : AUGUST 10, 2021 ORDER :- This application has been moved for modification of the order dated 03.12.2020 passed in Civil Application No.7942 of 2020 in First Appeal St. No.19015 of 2020, whereby the applicant/acquiring body has been directed to deposit the entire amount under the impugned award.

2.

According to learned counsel for the applicant/appellant, she neither had instructions nor did she submit to the order directing to deposit the entire amount thereunder. Be that as it may.

30-ca7545-21 3.

Clause (3) of the order dated 03.12.2020 passed in Civil Application No.7942 of 2020 is, therefore, modified as under:- "

Subject to deposit of 70% of the amount under the impugned award within six weeks, there shall be adinterim relief in terms of prayer clause (B)." 4.

The application stands disposed of accordingly. [R.G. AVACHAT, J.] KBP