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Bombay High CourtWP/2720/2016disposed offdismissed for default

Tukaram Sakharam Borule v. The State Of Maharashtra And Others

2018-10-15Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. G. Avachat2 pages

1 wp 2720.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2720 OF 2016 Tukaram Sakharam Borule .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Ms. L. V. Thakur, Advocate h/f Shri D. R. Jayabhar, Advocate for the Petitioner.

Shri N. T. Bhagat, A.G.P. for Respondent Nos. 1 to 3. The Respondent No. 4 is served.

CORAM : S. V. GANGAPURWALA AND R. G. AVACHAT, JJ.

DATE : 15TH OCTOBER, 2018.

FINAL ORDER :

.

We have heard the learned counsel for the petitioner. 2.

Mr. Bhagat, the learned Assistant Government Pleader submits that, on April 12, 2016 this Court has granted stay to the execution of the impugned award in Civil Application No. 3973 of 2013 in First Appeal Stamp No. 1697 of 2013. The respondents have deposited the amount as per the award before the Executing Court.

3.

In the light of that, the grievance of the petitioner does not

2 wp 2720.16 subsist. In case the order of stay is subsisting, the petitioner has remedy available before the first Appellate Court. If the stay is not subsisting, then the petitioner can take steps before the Executing Court.

4.

The writ petition accordingly is disposed of. No costs. [R. G. AVACHAT, J.] [S. V. GANGAPURWALA, J.] bsb/Oct. 18