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Bombay High CourtCA/13389/2012admittedallowedgrantedrule absolute

The State Of Mah v. Shankar Rangnath Jadhav And ORS

2017-09-22Hon'Ble Shri Justice K. K. Sonawane2 pages

1 CA13387,13389,13391/12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 13387 OF 2012 IN FAST/25987/2012 WITH CA/13389/2012 IN FAST/26038/2012 WITH CA/13391/2012 IN FAST/26041/2012 THE STATE OF MAHAHARASHTRA

VERSUS

VIJAY PANDURANG KULKARNI AND ANR ...

Mr. S.R. Yadav, A.G.P. for the applicant/State Mr. N.R. Pawale, Advocate, holding for Mr. Mr.L.C. Patil, Advocate for Respondent No.1 ...

CORAM : K.K. SONAWANE, J.

DATE : 22nd September, 2017 PER COURT :

1.

Heard learned A.G.P. for the applicant-State, learned counsel for respondent No.1 and none appears for respondent No.2. Perused the application. 2.

In view of nature of submissions made on behalf of the applicant/State, I do not find any

2 CA13387,13389,13391/12 impediment to grant stay to the execution of impugned Judgment and Award on the basis of requisite terms and conditions. In view of this, these applications stand allowed. 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/appellant shall deposit the entire decretal amount alongwith interest accrued thereon in this Court within a period of 12 weeks from today, failure to which, the stay granted to the impugned Judgment and Award shall stands vacated automatically without further reference to this Court. Moreover, the liberty is granted to the respondent/original claimant to avail appropriate remedy available under Law for execution of decree etc.

3.

In view of above, applications stands allowed.

( K.K. SONAWANE, J. ) SRM/22/9/17