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Bombay High CourtCA/1617/2017admittedallowedgrantedrule absolute

Godawari Marathwada Irrigation Development Corporation, Thr. Its The Executive Engineer And ANR v. Dinesh Ramling Patil

2017-12-07Hon'Ble Shri Justice K. K. Sonawane2 pages

1 941-CA-1617-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO. 1617 OF 2017 IN FAST/37904/2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION, THR. ITS THE EXECUTIVE E

VERSUS

DINESH RAMLING PATIL ...

Advocate for Applicant : Mr. Prashant S. Shinde AGP for Co-appellant No. 2 : Mr. S.R. Yadav Advocate for respondent : Mr. V.V. Ingale ..

WITH CA/1619/2017 IN FAST/38434/2016 ...

CORAM : K.K. SONAWANE, J.

DATED : 07TH DECEMBER, 2017.

Order :- 1.

Heard learned counsel for the applicant -Acquiring Body and learned AGP for co-appellant as well as 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. Considering the nature of subject matter and reasons mentioned in the applications, 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

2 941-CA-1617-17 as awarded by the learned Reference Court within twelve (12) weeks from the date of this Order. Failure to which, the stay granted by this court 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.