Sushma Pandharinath Deshmukh v. The Chief Officer, Maharashtra Housing And Area Development, Aurangabad And Another

*1* 917ca9447o21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9447 OF 2021 IN FA/5136/2017 SUSHMA PANDHARINATH DESHMUKH

VERSUS

THE CHIEF OFFICER, MAHARASHTRA HOUSING AND AREA DEVELOPMENT, AURANGABAD AND ANOTHER ...

Advocate for the Applicants : Shri Venjane Tukaram Advocate for Respondent 1 : Shri Bhushan Virdhe AGP for Respondent 2 : Shri S.R. Yadav ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ.

DATE :- 24th September, 2021 Per Court :- 1.

By this Civil Application, the applicant/ original claimant prays for an order that the interim relief dated 22.09.2017 granted by this Court in Civil Application No.1794/2017 be vacated. The contention is that on 22.09.2017, this Court had stayed the impugned award on the specific condition that "the appellant should deposit the entire amount under the award with interest in this Court within a period of 08 weeks from today, failing which, the order granting stay shall

*2* 917ca9447o21 stand vacated automatically without reference to the Court." 2.

The learned advocates for the non applicants oppose this application.

3.

The appellant before the Court concedes that in this appeal, the appellant has not deposited any amount. In our view, as the appellant has not complied with the direction issued by this Court on 22.09.2017, the interim protection granted obviously stands vacated without reference to the Court. 4.

This Civil Application is, therefore, disposed off. kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)