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Bombay High CourtCA/14738/2017disposed offdismissed for default

The Maharashtra Krushna Valley Development Corporation, Thr Executive Engineer S.K. Project And ORS v. Shivaji Gahininath Ghogare

2018-02-14Hon'Ble Shri Justice M.S. Sonak2 pages

{1} ca14738.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14738 OF 2017 IN FIRST APPEAL NO. 409 OF 2017 The Maharashtra Krushna Valley Development Corporation & others Applicants

Versus

Shivaji Gahininath Ghogare Respondent WITH CIVIL APPLICATION NO. 14741 OF 2017 IN FIRST APPEAL NO. 407 OF 2017 The Maharashtra Krushna Valley Development Corporation & others Applicants

Versus

Namdeo Gahininath Ghogare Respondent WITH CIVIL APPLICATION NO. 14742 OF 2017 IN FIRST APPEAL NO. 410 OF 2017 The Maharashtra Krushna Valley Development Corporation & others Applicants

Versus

Sanju Vitthal Suryawanshi Respondent WITH CIVIL APPLICATION NO. 14743 OF 2017 IN FIRST APPEAL NO. 408 OF 2017 The Maharashtra Krushna Valley Development Corporation

{2} ca14738.17.odt & others Applicants

Versus

Mohhamad Babu Shaikh Respondent Mr. A.M. Gaikwad, advocate for applicant.

Mr. A.S. More, advocate for respondents.

CORAM : M.S. SONAK, J.

DATE : 14th FEBRUARY, 2018 PER COURT:

1.

Since the entire awarded amount has been deposited in this court, stay on execution, which stood vacated for non-compliance of the condition of deposit, is now revived. This means that there shall be a restraint on the execution of the impugned judgment and award, pending disposal of the appeals.

2.

Further, respondents-claimants are granted liberty to withdraw 50% of the deposited amount by filing an undertaking that such withdrawal shall abide by final order order in the appeals.

3.

Civil applications stand disposed of in aforesaid terms. ( M.S. SONAK, J. ) dyb