The Executive Engineer, Minor Irrigation Division No.1, Aurangabad And ANR v. Karbhari Dashrath Chindhe

1 16-CA-16351-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 CIVIL APPLICATION NO. 16351 OF 2016 IN FAST/34699/2016 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO.1, AURANGABAD AND ANR

VERSUS

UTTAM KISAN WANJARE ...

Advocate for Applicants : Mr. R.C. Patil AGP for applicant No. 2: Mr. S.S. Dande AGP for Respondent No. 1: Mr. M.R. Malani h/f Mr. A.M. Hajare .....

WITH CA/16353/2016 IN FAST/34815/2016 WITH CA/16355/2016 IN FAST/34827/2016 WITH CA/16357/2016 IN FAST/34831/2016 WITH CA/16359/2016 IN FAST/34835/2016 CORAM : K.K. SONAWANE, J.

DATED : 23RD NOVEMBER, 2017.

Order :- 1.

Heard learned counsel for the applicant - Acquiring Body as well as learned AGP for co applicant No. 2 and learned counsel for respondents - original claimants.

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.

3.

Perused the application and relevant documents on record. 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, applications for stay stand allowed in terms of prayer clause 'a'. 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 along with interest accrued thereon as awarded by the learned Reference Court within twelve (12) weeks from the date of this order in

2 16-CA-16351-16 this Court, 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 with liberty to respondent/s-original claimant/s to avail the recourse of law for execution of the Award within ambit of law. 3.

Accordingly, the applications for stay stand disposed of in above terms.

Sd/- [ K. K. SONAWANE ] JUDGE MTK.