Kamlesh Dashrath Fokmare v. Abrar Shah Gulab Shah And Others

FA 764-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 61/2017 IN FIRST APPEAL NO. 764/2016 KAMLESH DASHRATH FOKMARE -vs- ABRAR SHAH GULAB SHAH AND OTHERS ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri K.J. Tapale, Adv. H/F Shri S.D. Chopde, counsel for appellant.

Shri A.S. Siddique, Adv. H/F Shri A.B. Mirza, counsel for respondent nos.1 to 5.

CORAM : DR S.S.PHANSALKAR-JOSHI, J.

DATE : JUNE 09, 2017 This is an application for restoration of the stay order.

It is submitted that as per the order passed by this Court on 20-09-2016, stay was granted to the execution of the judgment and award subject to amount of compensation being deposited in the court within two months. However, though the appellant deposited the said amount by cheque within stipulated period, the cheque was dishonoured for the reason "insufficient funds". Now it is submitted that earlier there was ground for dishonour of the cheque as the appellant's son was suffering from Cancer and appellant was mentally disturbed and was busy in attending him, therefore, he was having insufficient fund in his account. However, now he has ensured that there are sufficient funds in the account.

Hence, in the interest of justice, this

FA 764-16 2/2 application is allowed subject to appellant should deposit the entire amount of compensation within a period of 2 weeks from today.

Subject to abovesaid condition, stay is granted to the execution of the impugned judgment and award. Needless to state that, if appellant is failed to deposit the entire amount within stipulated period of 2 weeks, stay will automatically vacated without reference of this court.

Application is disposed of accordingly.

JUDGE Yenurkar