Nivrutti Govinda Khotkar And Others v. The Executive Engineer, Minor Irrigation Division Jalna And Others

(1) C. A. No. 16514 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

CIVIL APPLICATION NO. 16514 OF 2015 IN FA/286/2011 NIVRUTTI GOVINDA KHOTKAR AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION JALNA AND OTHERS .........................

Mr. Ajit B. Kale, Advocate, for applicants.

Mr. S.B. Bhalerao, Advocate, for non-applicant no.1. Mr. N.B. Patil, Asst. Government Pleader, for non-applicant no.2.

..........................

CORAM : A.M. BADAR, J.

DATE : 18TH DECEMBER 2015 PER COURT :

1.

Heard the learned Counsel appearing for applicants as well as the learned Counsel appearing for non-applicants. 2.

This is an application for vacation of the interim relief passed by this Court on 11th February 2011.

3.

Perused the order dated 11-2-2011. This Court had stayed the impugned judgment and award on condition that non-applicant no.1 /

(2) C. A. No. 16514 of 2015 appellant should deposit entire amount under the award within 12 weeks from 11-2-2011 before the reference Court.

4.

It is reported that the amount so directed is not deposited. This fact is not disputed by the learned Counsel for non-applicant no.1 / appellant.

5.

Perusal of the order dated 11-2-2011 passed by this Court shows that the same is conditional order. As the amount as directed is not deposited within 12 weeks from 11-2-2011, the interim stay is automatically vacated.

6.

With the above clarification, the Civil Application is disposed of.

( A.M. BADAR ) JUDGE ................................

puranik / CA16514.15