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Bombay High CourtIA/3387/2021disposed off

Dy.Chief Engineer (Construction), Central Railway, Pune v. Shri.Babruwan Ambrushi Barbole And ORS.

2021-11-22Hon'Ble Shri Justice N. J. Jamadar2 pages

23. Fa(St)-14668-2021-with-Ia-3387-2021-with- Ia-3386-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3387 OF 2021 (FOR STAY) IN FIRST APPEAL (ST) NO. 14668 OF 2021 WITH INTERIM APPLICATION NO. 3386 OF 2021 Dy.Chief Engineer (Construction), Central Railway, ...Applicant/ Appellant

Versus

Shri.Babruwan Ambrushi Barbole And Ors.

...Respondents

Mr. T. J. Pandian a/w T.C. Subramanian for the Applicant/Appellant. Mr. Rupesh K. Bobade, for the Respondents..

CORAM :

N. J. JAMADAR, J.

DATE :

22nd NOVEMBER, 2021 P.C.:

1.

Heard the learned counsel for the applicant-appellant and the learned counsel for the respondents-original claimants. 2.

The learned counsel for the applicant-appellant submits that, by the impugned award, the reference Court has enhanced the compensation by Rs.390 per Sq.mtr. The appellant has a strong case on merits. The appellant thus seeks stay to the execution, operation and implementation of the impugned Award passed by the reference Court in LAR No.26 of 2003. The learned counsel for Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2021.11.23 16:41:14 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar ...1

23. Fa(St)-14668-2021-with-Ia-3387-2021-with- Ia-3386-2021.doc the appellant submits that the appellant is ready to deposit the entire amount of compensation alongwith interest accrued thereon before the reference Court within a period of 10 weeks. 3.

In view of the aforesaid submission and the fact that the issues raised by the appellant warrant consideration there shall be ad-interim stay to the execution, operation and implementation of the impugned award in LAR NO. 26 of 2003, dated 18th December, 2019, passed by the learned Joint Civil Judge Senior Division, Barshi, subject to deposit of the entire amount of compensation along with the interest accrued thereon, in terms of the impugned award, within a period of ten weeks from today. 4.

In the event of default, this order shall stand vacated automatically without further reference to the Court. 5.

In case of deposit, the respondent-original claimant is at liberty to move for withdrawal of the amount of compensation. The Application is accordingly disposed of.

(N. J. JAMADAR, J.) Sajakali Jamadar ...2