Bombay High CourtCAF/2947/2017disposedoff

Executive Engineeer, Minor Irrigation Division (Now Buldana Irrigation Division) Buldana v. Bhaskar /O Tukaram Kharat And Others

2018-04-16Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2946.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2946 OF 2017 AND CIVIL APPLICATION (CAF) NO. 2947 OF 2017 IN FIRST APPEAL ST. NO.1418 OF 2017 (EXECUTIVE ENGG. MEDIUM PROJECT DN..VS..BHASKAR TUKARAM KHARAT & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Vinay Dahat, Advocate for appellant.

Ms Mayuri Deshmukh, A.G.P. for Respondent Nos.2 and 3. CORAM : Z.A.HAQ, J.

DATED : APRIL 16, 2018.

CIVIL APPLN.NO.2946/2017.

Issue notice to the non-applicants/respondents. Ms Mayuri Deshmukh, A.G.P. waives notice for the non-applicants/ respondent Nos. 2 and 3.

The non-applicants may file their reply/affidavit till 22nd June, 2018.

List the application for further consideration on 2nd July, 2018.

The learned advocate for the applicant/appellant states that the copy of memo of appeal will also be supplied to be served on the non-applicants/respondents along with civil application.

2 caf2946.17 CIVIL APPLN.NO.2947/2017.

Considering the facts of the case, it is directed that the execution of the impugned award shall stand stayed until further orders, however, on condition that the appellant/ applicant deposits the entire awarded amount before the reference Court and files affidavit of compliance on record of this appeal till 15th June, 2018.

If the amount is not deposited till 15th June, 2018, this interim order shall cease to operate from 16th June, 2018 and the respondent/ claimant will be at liberty to proceed with the execution.

The civil application is disposed in the above terms. No costs.

JUDGE RRaut..