Bombay High CourtCAF/2156/2016ca disposed off

Executive Engineer Minor Irrigation Division, Washim v. Pandurang Tanaji Yadeo, Chandraprakash Tanaji Yadeo And Anothers

2017-01-16Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2156.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2156 OF 2016 AND CIVIL APPLICATION (CAF) NO. 2053 OF 2016 IN FIRST APPEAL NO. 647 OF 2016 (EXECUTIVE ENGINEER, MINOR IRRIGATION, WASHIM....VS.. PANDURANG TANAJI YADAO & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.G.Palshikar, advocate for appellant.

Shri V.N.Patre, Advocate for respondent Nos. 1 & 2. Shri A.A.Madiwale, A.G.P. for respondent No. 3. CORAM : Z.A.HAQ, J.

DATED : JANUARY 16, 2017.

The learned advocate for the appellant states that the cheque for the amount, which is required to be deposited, is ready with him.

If the cheque for the amount as per the impugned award is deposited within two weeks, the interim order granted on 8th June, 2016 shall continue till disposal of the appeal.

If the amount is not deposited within two weeks, the civil application praying for interim order shall stand dismissed and the respondents / claimants will be at liberty to proceed with the execution.

If the amount is deposited within two weeks, it shall be transferred to the joint account of the respondent Nos. 1 and 2 / claimants on furnishing of solvent surety /

2 caf2156.16 security by the respondent Nos. 1 and 2 for 50% of the amount and 50% on furnishing undertaking by both the respondent Nos. 1 and 2 to the satisfaction of the Registrar (Judicial) of this Court that if this Court concludes that they are not entitled for the amount paid to them they shall deposit it along with interest as would be determined by this Court within two months from the date of order that may be passed by this Court.

The civil applications are disposed in the above terms.

JUDGE RRaut..