Bombay High CourtCAF/3585/2014admittedallwdgrantedrule absolute

Vidarbha Irrigation Developlment Corporation, Through Its Executive Engineer, Wardha v. Subhash S/O Amrutrao Kolhe And 2 Others

2015-02-17Hon'Ble Mrs. Justice Mridula R. Bhatkar2 pages

FA1107-14 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 1107/2014 (V.I.D.C., WARDHA VERSUS SUBHASH AMRUTRAO KOLHE & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.K. Bhoyar, counsel for the appellant.

Mrs. Varsha Wasu, counsel for the R-1.

Ms N.P. Mehta, A.G.P. for the R-2 & 3.

CORAM : MRS. MRIDULA BHATKAR, J.

DATE : FEBRUARY 17 , 2015.

Heard.

ADMIT.

Learned counsel Mrs.Varsha Wasu waives notice of hearing on behalf of the respondent no.1.

Learned Assistant Government Pleader Ms N.P. Mehta waives notice of hearing on behalf of the respondent nos.2 and 3.

C.A.F. NO.3585/2014.

Heard.

The learned counsel for the applicant submits that this appeal is directed against the judgment and award dated 16.01.2013 passed by the Civil Judge (Senior Division), Wardha in L.A.C. No.135/2006. He prays for the stay to the execution and implementation of the said judgment and award pending appeal.

The learned counsel for the respondent no.1original claimant opposes the application. For the reasons stated in the application, the

FA1107-14 prayer made in the civil application is granted on the condition that the appellant shall deposit the entire amount under the award along with interest accrued thereon within a period of twelve weeks from today in this Court. If the amount is not deposited within a period of twelve weeks from today, the stay granted will be vacated forthwith without further reference to the Court. The respondent-original claimant is at liberty to move the application for withdrawal of the amount. The civil application is allowed in the aforesaid terms and disposed of.

JUDGE APTE