The Executive Engineer v. Amarsinha Vijaysinha Rannavare

2025:BHC-AS:13199 74ia1035-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1035 OF 2024 IN FIRST APPEAL (ST) NO.1730 OF 2024 The Executive Engineer ... Applicant.

Versus

Amarsinha Vijaysinha Rannavare ... Respondent.

----- Ms. Aparna D. Vhatkar for the Appellant.

Mr. Nikhil Karnawat i/by Ms. Nilima S. for the Respondent No.1. Mr. A.R. Patil, AGP for Respondent Nos.2 to 4-State. ----- Coram : Sharmila U. Deshmukh, J.

Date : March 19, 2025 P.C. :

1.

Interim Application has been preferred seeking stay of the impugned Judgment and Award passed by the Reference Court. 2.

Learned counsel appearing for the Respondent draws attention of this Court to the report of the Court Commissioner which is annexed to the affidavit-in-reply and would contend that the Court Commissioner has in the execution Application calculated the amount due and payable to the original Claimant at Rs.1,03,05,531/- whereas, the Beneficiary Body has deposited only Rs.69,14,245/-. He submits that the balance amount is required to be deposited and the stay has been granted without noticing the entire decretal amount alongwith accrued interest which is due and payable by the Beneficiary Body.

sa_mandawgad 1 of

74ia1035-24 3.

Learned counsel appearing for the Applicant seeks time to take necessary instructions as regards the amounts which are due and payable and the time within which the balance amounts would be paid. At her request, stand over to 2nd April, 2025. [Sharmila U. Deshmukh, J.] sa_mandawgad 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 21/03/2025 14:58:05