V. I. D. Corporation, Thr Executive Engineer, Upper Wardha Canal Division No.1, Amravati v. Late Tryambak Kisan Meshram (Dead) Thr His Lrs Smt. Indutai Tryambak Meshram And Others

2024:BHC-NAG:13900 1 18-CAF-3722-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3722 OF 2024 IN FIRST APPEAL ST. NO. 24018 OF 2024 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

LATE TRYAMBAK KISAN MESHRAM (DEAD) THROUGH HIS LRS 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 M. A. Kadu, AGP for respondent Nos.5 and 6. CORAM: SANJAY A. DESHMUKH, J.

DATE : 18/12/2024.

1.

Issue notice to the resondents.

2.

Shri M. A. Kadu, learned AGP waives service of notice for respondent Nos.5 and 6.

3.

Stand over after eight weeks.

CIVIL APPLICATION (CAF) NO. 3723 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 notice for recovery of amount is issued. The applicant is ready to deposit the amount under award. However, some time will require for processing the

2 18-CAF-3722-24.odt amount. He 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 notice for recovery of amount is issued by the Executing Court, 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 10:22:23