Yashwant Ram More v. The State Of Maharashtra And Others

1 19-CA-14818-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 14818 OF 2017 IN FA/3340/2016 MOHAN NARAYAN MORE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Ajeet B. Kale AGP for Respondents : Mr. S.J. Salgare ...

WITH CA/14819/2017 IN FA/3338/2016 WITH CA/14820/2017 IN FA/3339/2016 WITH CA/14821/2017 IN FA/3341/2016 CORAM : K.K. SONAWANE, J.

DATED : 11TH DECEMBER, 2017.

Order :- 1.

Heard learned counsel for the applicants-original claimants. 2.

Issue notice to respondents. Learned AGP waives service of notice to respondents.

3.

The applicants moved the present applications to get clarification in regard to stay granted by this Court under order dated 29th July, 2016. Learned counsel for the applicants submits that though this Court granted conditional stay on depositing decreetal amount within 12 weeks, but respondent-State did not comply with the order. Hence, he prays for issuance of necessary order.

4.

In view of aforesaid submissions, it is evident that this Court under order dated 29th July, 2016 granted conditional stay to the execution and implementation of the award subject to condition of depositing the decreetal amount within stipulated

2 19-CA-14818-17 period. But there was no response received from respondent -State nor any decreetal amount came to be deposited. In such circumstances the order of stay granted by this Court dated 29th July, 2016, lost its force and died out.

5.

Accordingly, in view of subsequent development of failure of respondent/state to avail benefit of order of conditional stay granted by this Court, the applicants are at liberty to initiate the proceedings before the executing Court within ambit of law to recover the decreetal amount as awarded by learned Reference Court.

6.

The civil application stands disposed of accordingly in above terms.

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