Bombay High CourtCAF/2328/2016ca disposed off

Vidarbha Irrigation Development Corpn.Thr.Ex.Engnr.Bembla Project v. Dyanoba Tukaram Jawade (Dead) Through Lrs. Hansraj Dyanboba Jawade And Others

2016-07-29Hon'Ble Shri Justice A.S. Chandurkar3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO.2328 OF 2016 IN FIRST APPEAL NO.53 OF 2011 VIDC YAVATMAL VS DYANOBA TUKARAM JAWADE (DEAD) THROUGH LRS AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. B. Patil, Advocate for the applicant. Shri A. M. Kadukar, AGP for respondent Nos.2 & 3. Shri S. V. Ingole, Advocate for Lrs.

CORAM : A.S. CHANDURKAR, J.

DATED : JULY 29, 2016.

The applicant seeks modification of the orders dated 29-6-2015 and 27-4-2016. By the order dated 29-6-2015 interim stay to the execution of the impugned award was granted subject to depositing the entire amount granted by the Reference Court. By the order dated 27-4-2016, the period for depositing the said amount was extended.

Shri A. B. Patil, learned Counsel for the applicant submits that 50% of the amount of compensation has been deposited with the Reference Court and, therefore, the remaining 50% amount be permitted to be deposited in this Court.

Shri S. V. Ingole, the learned Counsel appearing for the applicants has no objection to aforesaid modification. In view of aforesaid, the order dated 29-6-2015 and consequent order dated 27-4-2016 stand modified. On the

2 2907caf2328.16 applicant depositing remaining 50% of the amount of compensation granted by the Reference Court within a period of three weeks from today, the interim stay granted earlier shall continue to operate during pendency of the appeal. Application is disposed of.

JUDGE /MULEY/

3 2907caf2328.16 C E R T I F I C A T E " I certify that this Order uploaded is a true and correct copy of original signed Order."

Uploaded by : Sanjay B. Muley, Uploaded on : 30-07-2016 Personal Assistant.