Union Of India, M/S. Central Railway Thr.Dy.Chief Engineer (Construction), Raigad v. Maruti Babu Patil And ANR.

2024:BHC-AS:34591 33-IA-10507-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10507 OF 2024 IN FIRST APPEAL (ST) NO.14548 OF 2024 Union Of India, M/S. Central Railway Thr.Dy.Chief Engineer (Construction), Raigad ...Applicant

Versus

Maruti Babu Patil And Anr.

...Respondents

------ Adv. N. R. Prajapati for the Applicant.

Adv. Sachin Punde for the Respondents.

------ Coram : Sharmila U. Deshmukh, J.

Date : August 23, 2024.

P. C. :

1.

Interim Application has been preferred seeking stay of execution of judgment and award dated 20th February 2021 passed by the Ld. Civil Judge, Senior Division, Raigad-Alibaug in Land Reference No. 64 of 2001.

2.

Learned counsel for the Applicant submits that the entire decretal amount along with accrued interest will be deposited in the Reference Court within a period of four weeks from today. 3.

As the decretal amount along with accrued interest is being deposited, there shall be stay to the execution of the judgment and award dated 20th February, 2021.

Harish 1 of

33-IA-10507-2024.doc 4.

Upon the amount deposited by the applicant, the original claimant will be entitled to withdraw the amount of compensation subject to furnishing of Solvent Surety / Bank Guarantee to the satisfaction of the Reference Court. The Reference Court shall grant opportunity of hearing to all the parties before accepting the Solvent Surety / Bank Guarantee.

5.

In event the application for withdrawal of compensation is not made by the claimant within a period of three months, then the amount deposited by the applicant shall be invested by the Reference Court in Fixed Deposit in any Nationalised Bank initially for a period of one year and thereafter renew the same subject to the orders of this Court.

6.

The Application is allowed in the above terms. [Sharmila U. Deshmukh, J.] Harish 2 of Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 29/08/2024 11:11:36