Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Nagpur v. Shivnarayan Gourishankar Tamhanpure (Jaiswal) Dead Thr. Lrs. Smt. Nirmala S. Jaiswal And Others

cao429-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Civil Application No. 429 of 2015 in First Appeal St. No.25447 of 2014 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Pench Canal Division, Nagpur.

-Vrs.- Shivnarayan Gourishankar Tamhanpure (Jaiswal) dead through his legal heirs Smt. Nirmala wd/o Shivnarayan Jaiswal and others. _____________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

______________________________________________________________ Shri Annop Parihar, advocate for petitioner.

Shri R.J. Shinde, advocate for R-1(a) to 1(f). Mrs. Deshmukh, AGP for respondent nos.2, 3 & 4. CORAM : B.R. Gavai & Indira K. Jain, JJ.

DATED : 22nd JULY, 2015 For the reasons stated, the application is allowed. Delay is condoned. Civil Application is disposed of. CAF 430/2015 In view of the order dated 13.2.2015, since the applicant has deposited 50% of the amount of award, the application is allowed. The execution of the judgment and award dated 7.4.2014 is stayed.

FA St. No. 25445/2014.

Appeal is taken up for admission. Heard the

cao429-15.odt learned counsel for rival parties.

Appeal is Admitted.

CAO 1036/2015 The 50% of the amount of award has been directed to be deposited taking into consideration the view taken by the Division Bench of this court in First Appeal No.205/2006. In that view of the matter, we are inclined to allow the application. Application is allowed on the condition that the applicants shall file an undertaking to the effect that in the event they are required to refund the amount at the stage of hearing of appeal, they shall do so within the time prescribed by this Court.

JUDGE JUDGE Hirekhan