Executive Engineer Lower Terna Project Div., Latur Thr Exe. Engineer, Latur And ANR v. Bashir Sayyad Mulla And ANR

1 909-CA-2510-17-S

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2510 OF 2017 IN FAST/23694/2016 EXECUTIVE ENGINEER LOWER TERNA PROJECT DIV., LATUR THR EXE. ENGINEER, LATUR AND AND OTHER

VERSUS

BASHIR SAYYAD MULLA AND ANR ...

Advocate for Applicant No.1 : Mr. S. G. Sangle. AGP for Applicant No. 2 : Mr. R. B. Bagul.

Advocate for Respondent : Mr. S. S. Halkude.

...

WITH CA/2512/2017 IN FAST/23700/2016 WITH CA/2514/2017 IN FAST/23697/2016 ...

CORAM : K.K. SONAWANE, J.

DATED : 10TH JANUARY, 2018.

Order :- Heard the learned counsel for applicant No.1 - Acquiring Body and learned counsel for respondents (original claimants) as well as learned AGP for applicant No.2- State of Maharashtra. 2.

Perused the applications and relevant documents produced on record.

3.

Learned counsel for applicant- Acquiring Body submits that the stay may be granted to the execution and implementation of the Award passed by the learned Reference Court.

4.

Considering the nature of subject matter and reasons mentioned in the application, I do not find any impediment to allow the applications by imposing certain terms and conditions. Hence, application for stay stand allowed in terms of prayer clause 'B'. The execution and operation of the impugned Judgment and Award passed by the learned Reference Court is hereby stayed, subject to condition that the applicant- Acquiring Body shall deposit the entire decreetal amount alongwith interest accrued thereon as awarded by the learned

2 909-CA-2510-17-S Reference Court within twelve (12) weeks from the date of this Order in this Court, failure to which, the stay granted to the impugned Judgment and Award in favour of applicant- Acquiring Body referred above shall stand vacated automatically without further reference to this Court and the respondents (original claimants) are liberty to execute the Award within ambit of Law before the Executing Court. 5.

Accordingly, the civil applications for stay stand disposed of in above terms.

[ K. K. SONAWANE ] JUDGE rrd.