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Bombay High CourtCAF/2431/2018ca disposed off

The State Of Maharashtra, Thr. Collector, Yavatmal And Others v. Daulat Champat Palkate

2018-08-28Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2431.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.2431/2018 IN FIRST APPEAL NO.1300/2017 The State of Maharashtra and others ..Vs..

Daulat Champat Palkate - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.R. Lule, A.G.P. for the applicants.

CORAM : Z.A. HAQ, J.

DATE : 28.8.2018.

By this application, the appellants seek permission to deposit the cheque for the amount of compensation awarded by the reference Court. The appellants have also prayed that the execution of impugned award be stayed. It is stated in the application that the demand draft is dated 16th July, 2018. The application is filed on or about 1st August, 2018 and it is not circulated. The learned A.G.P. is not in a position to point out whether the interest is calculated till the date on which the demand draft would be deposited by the appellants. In the above facts, the appellants are directed to deposit the demand draft dated 16th July, 2018 with the Registry of this Court within four weeks. However, the prayer made on behalf of the appellants for staying the execution proceedings is rejected.

2 caf2431.18 The appellants will be at liberty to reiterate the prayer for grant of stay to the execution proceedings after the entire amount, properly calculated as per the impugned award, is deposited. The civil application is disposed in the above terms. No costs.

JUDGE Tambaskar.