V.I.D.C., Thr. Executive Engineer, Upper Wardha Canal Division No. 1, Amravati v. Shyam Devidas Dhumale And Others

2024:BHC-NAG:13902 1 17-CAF-3720-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3720 OF 2024 IN FIRST APPEAL ST. NO. 24056 OF 2024 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

SHYAM DEVIDAS DHUMALE AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri U. A. Gosavi, Advocate for applicant/appellant. Shri S. B. Bissa, AGP for respondent Nos.2 and 3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 18/12/2024.

1.

Issue notice to the resondents.

2.

Shri S. B. Bissa, learned AGP waives service of notice for respondent Nos.2 and 3.

3.

Stand over after eight weeks.

CIVIL APPLICATION (CAF) NO. 3721 OF 2024 4.

This is an application for granting stay to the execution of Judgment and award of the Authority dated 05/10/2023.

5.

Perused the application.

6.

Heard learned advocates for both sides.

7.

Learned advocate for the applicant pointed out that warrant is issued by the Executing Court for execution and recovery of the said amount. The applicant is ready to deposit the amount under award. However, some time will require for processing the amount. He

2 17-CAF-3720-24.odt therefore, prayed to allow this application by granting stay.

8.

Perused the application as well as the impugned Judgment.

9.

Considering the reasons stated in the application and the fact that warrant is issued for recovery of amount under award, the application deserves to be allowed.

10.

Application is allowed as prayed with condition to deposit the amount under award within eight weeks along with accrued interest thereon.

11.

Application is disposed of.

12.

Learned advocate for the applicant is directed to communicate this order to the respondents and the Executing Court within eight days.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 19/12/2024 10:24:00