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Bombay High CourtCA/2072/2015disposed offdismissed for default

The Executive Engineer Latur Minor Irrigation Division Latur And Another v. Madhukar Ramrao Kolhe

2017-12-15Hon'Ble Shri Justice K. K. Sonawane1 pages

1 929 CA-2072-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 2072 OF 2015 IN FAST/28678/2014 THE EXECUTIVE ENGINEER LATUR MINOR IRRIGATION DIVISION LATUR AND ANOTHER

VERSUS

MADHUKAR RAMRAO KOLHE ...

Advocate for Applicant No.1 : Ms. Dipali S. Ansingkar (Jape) ...

CORAM : K.K. SONAWANE, J.

DATED : 15TH DECEMBER, 2017.

Order :- Heard learned counsel for applicant- Acquiring Body and learned AGP for the State of Maharashtra. Perused the application. 2.

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. 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 Reference Court within twelve (12) weeks from the date of this Order, 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. 3.

Accordingly, the application for stay stands disposed of in above terms.

[ K. K. SONAWANE ] JUDGE rrd.