M.K.V.D.C. Ltd., Pune, Thr Ex. Engineer, Irrigation Project Strengthening Div. Omerga v. Kishan Devidas Chavan And ORS

2025:BHC-AUG:674

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

916 CIVIL APPLICATION NO. 11941 OF 2024 IN FA/2478/2021 DHANRAJ SHANKAR MULE

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD ...

Advocate for Applicant : Mr. G. K. Sontakke & Ms. P. G. Sontakke. AGP for Respondent / State: Mr. Rajdeep D. Raut. Advocate for Respondent No.3 : Mr. A. R. Lukhe, h/f Mr. Avishkar S. Shelke. ...

AND CIVIL APPLICATION NO. 10856 OF 2021 IN FA/2476/2021 M.K.V.D.C. LTD., PUNE, THR EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING DIV. OMERGA

VERSUS

KISHAN DEVIDAS CHAVAN AND OTHERS AND CIVIL APPLICATION NO. 10850 OF 2021 IN FA/2478/2021 M.K.V.D.C. LTD., PUNE, THR EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING DIV. OMERGA

VERSUS

DHANRAJ SHANKAR MULE AND OTHERS AND CIVIL APPLICATION NO. 10852 OF 2021 IN FA/2477/2021 M.K.V.D.C. LTD., PUNE, THR EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING DIV. OMERGA

VERSUS

KASTURBAI MAHAVRAO KURUM AND OTHERS AND CIVIL APPLICATION NO. 11940 OF 2024 IN FA/2476/2021

KISHAN DEVIDAS CHVAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND OTHERS ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

09th January, 2025.

P.C.:

.

Heard the learned counsel for the parties.

Civil Application No.10850 of 2021 AND Civil Application No.10856 of 2021 The learned counsel for the appellant submits that 75% amount is already deposited in this Court. He, therefore, seeks relief of stay to the execution of the impugned judgment and award. Considering the fact that 75% amount is deposited, there shall be stay in terms of prayer clause (B). Both the civil application stand disposed of.

CIVIL APPLICATION NO. 10852 OF 2021 This is an application for granting stay to the execution of the impugned judgment and award.

The learned counsel for the appellant submits that 75% amount is already deposited. Considering the prayer of the applicant / appellant, the application is allowed in terms of prayer clause (B). The application is disposed of.

The learned counsel for the appellant to communicate this order to the Executing Court / Trial Court about passing of this order. Applications for withdrawal of amount:

These applications are for withdrawal of the amount deposited in this Court by the appellant as per the impugned judgment and award alongwith interest.

The learned counsel for the appellant strongly opposes the applications.

Considering the arguments of both the sides, the following order is passed :-

O R D E R

I.

The applicants are permitted to withdraw 75% of the amount alongwith accrued interest thereon deposited in this Court on furnishing usual undertaking.

II.

With this, the civil applications for withdrawal of amount stand disposed of.

[ SANJAY A. DESHMUKH, J. ] nga