Bombay High CourtCAF/3584/2014admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corp., Through Executive Engineer, Washim v. Baburao S/O Tulshiram Waybhase And Another

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

FA1105-14 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 1105/2014 (V.I.D.C., WASHIM VERSUS BABURAO TULSHIRAM WAYBHASE & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Smita Dashputre, counsel for the appellant. Shri V.K. Paliwal, counsel for the R-1.

Mrs. Rashi Deshpande, A.G.P. for the R-2.

CORAM : MRS. MRIDULA BHATKAR, J.

DATE : FEBRUARY 17 , 2015.

Heard.

ADMIT.

Learned counsel Shri V.K. Paliwal waives notice of hearing on behalf of the respondent no.1.

Learned Assistant Government Pleader Mrs.Rashi Deshpande waives notice of hearing on behalf of the respondent no. 2.

C.A.F. NO.3584/2014.

Heard.

The learned counsel for the applicant submits that this appeal is directed against the judgment and award dated 12.07.2012 passed by the Ad-hoc District Judge-III, Washim in L.A.C. No.146/2010. He prays for the stay to the execution and implementation of the said judgment and award pending appeal.

The learned counsel for the respondents oppose the application.

FA1105-14 For the reasons stated in the application, the prayer made in the civil application is granted on 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 no.1-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