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Bombay High CourtCA/12925/2013admittedallowedgrantedrule absolute

The State Of Maharashtra And Another v. Suryabhan Ashraji Dhumal

2015-03-03Hon'Ble Shri Justice M.T. Joshi2 pages

CA-12925-2013+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12925 OF 2013 IN FIRST APPEAL NO. 180 OF 2015 The State of Maharashtra .. Applicant

VERSUS

Suryabhan Ashraji Dhumal .. Respondent WITH CIVIL APPLICATION NO. 12927 OF 2013 IN FIRST APPEAL NO. 181 OF 2015 (The State V. Radhabai Raghunath Agrwal) AND CIVIL APPLICATION NO. 12933 OF 2013 IN FIRST APPEAL NO. 185 OF 2015 (The State V. Jagdish Narayan Athole and anr.) ---- Mr. S.P. Daund, AGP for the applicant/State in all CAs Mr. C.K. Shinde, Advocate for the respondent in all matters ---- CORAM : M.T. JOSHI, J.

DATE : 03/03/2015 ORAL ORDER :

1.

Heard both sides.

2.

Mr. Daund, learned A.G.P. fairly concedes that the interim direction to deposit the amount could not be complied with.

3.

In the circumstances, stay to the execution of

CA-12925-2013+ the impugned awards is hereby granted til the decision of the appeals, on the condition that the appellant/applicant deposits the entire amount under each of the awards together with upto-date interest in this Court within a period of eight (8) weeks from today.

4.

Upon failure to deposit the amount, as aforesaid, the applications shall stand dismissed and the stay granted to the execution of the impugned awards shall stand vacated without any further reference to this Court.

5.

Civil Applications accordingly stand disposed of.

[M.T. JOSHI] JUDGE arp/