V.I.D.C. Thr. Exe. Engineer, Bembla Project Division, Yavatmal And Another v. Kalawati Shankar Kumbhalkar And Others

21.caf.2866.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.2866 OF 2022 IN FIRST APPEAL NO.4 OF 2023 VIDC and anr. ..vs.. Kalawati Shankar Kumbhalkar and ors. -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms Babhulkar, Advocate h/f Shri M.A. Kadu, Advocate for the appellants. Shri A.B. Nakshane, Advocate for respondent No.1. Ms T.H. Udeshi, AGP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- FEBRUARY 17, 2023.

Heard.

2.

By this application, the appellants are seeking stay to the effect, implementation and execution of the judgment and award passed by the Civil Judge, Senior Division, Yavatmal in L.A.C. No.87/2011.

3.

As per order of this Court dated 21/12/2022 the appellant was directed to deposit the entire amount along with accrued interest in the Reference Court by RTGS. The appellant has deposited only principle amount. 4.

As the appellant has only deposited the principle amount, the appellant to deposit the balance amount including statutory benefits within 10 weeks. 5.

On depositing the balance amount, the effect, implementation and execution of the judgment and award passed by the Civil Judge, Senior Division, Yavatmal in L.A.C. No.87/2011 be stayed till final disposal of the

21.caf.2866.22.odt appeal. On failure to deposit the amount, the stay granted will be vacated automatically without further reference to the Court.

6.

Civil application is disposed of.

FIRST APPEAL NO.4 OF 2023 The appellants to supply the copy to the respondents.

2.

Shri Nakshane, learned Counsel for respondent No.1 and Ms Udeshi, learned Assistant Government Pleader for respondent Nos.2 and 3, waive notice.

3.

Place the matter for final hearing after filing of the paper book and its verification.

(URMILA JOSHI-PHALKE, J.) *Divya Signed By:DIVYA SONU BALDWA Personal Assistant