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Bombay High CourtCA/39/2020disposed of

Sachitanand S.S. Cacodkar @ Satchidanand S.S. Kakodkar (Dec) And 8 ORS., v. Balkrishna Suryaji Sinai Cacodkar (Dec) Rep. By His Lrs. And 2 ORS.,

2023-12-15Hon'Ble Shri Justice M. S. Sonak2 pages

CA 39 of 2020 Niti

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.39 OF 2020 IN FIRST APPEAL NO.22 OF 2020 SACHITANAND S.S. CACODKAR @ SATCHIDANAND S.S. KAKODKAR (DEC) AND 8 ORS., ... APPLICANT

Versus

BALKRISHNA SURYAJI SINAI CACODKAR (DEC) REP. BY HIS LRS. AND 2 ORS., ... RESPONDENT Mr P.A. Kholkar, Advocate for the Applicants. Mr R.G. Ramani, Senior Advocate with Mr Rehan Abbasi, Advocate for Respondent Nos.1(b)(i), 1(b)(ii), 1(c), 1(d), 1(e), 1(h)(c), 1(h)(d). CORAM:- M. S. SONAK, J.

DATED :- 15th December, 2023 P.C.:

This application seeks a stay of the impugned award by which 50% of the compensation has been awarded to the appellants and the balance 50% to the legal representatives of the original party no.1 before the Reference Court. These legal representatives are today represented by Mr Ramani, learned Senior Advocate, who appears along with Mr R. Abbasi.

2. The total compensation amount involved in this appeal is Rs.2,48,852/- (Rupees Two Lakhs Forty Eight Thousand Eight Hundred and Fifty Two only) with accrued interest. Accordingly, it 15th December, 2023

CA 39 of 2020 would not be appropriate to grant any interim relief. Considering the amount involved and the impugned award, it would not be appropriate to stay the apportionment made by the Reference Court. Instead, the parties are given liberty to withdraw the amounts in terms of the apportionment in the impugned award by filing undertaking that such withdrawal will abide by the final orders in this appeal.

3. The Civil Application No.39/2020 is disposed of. M. S. SONAK, J.

NITI K HALDANKAR Date: 2023.12.16 12:29:27 +05'30'

NITI K HALDANKAR 15th December, 2023