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Bombay High CourtIA/7992/2025disposed off

Executive Engineer, Kadwa Canal Project, Nashik Division v. Ratan Waman Satbhai (Since Deceased Through Lrs) 1-Pravin Ratan Satbhai And ORS.

2025-09-17Hon'Ble Ms. Justice Gauri Godse3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 6356 OF 2025 WITH INTERIM APPLICATION NO. 7992 OF 2025 WITH INTERIM APPLICATION NO. 7991 OF 2025 Executive Engineer, Kadwa ...

Appellants/Applicant Canal Project, Nashik Division Vs.

Ratan Waman Satbhai(since decd)...

Respondents through LRs Pravin Ratan Satbhai and Others Ms. Chaitrali Deshmukh for the Appellant.

Mr. D. J. Haldankar, AGP for the Respondent no.6 -State. CORAM : GAURI GODSE, J.

DATE :

17th SEPTEMBER 2025 ORDER :

INTERIM APPLICATION NO. 7991 OF 2025 1.

The respondents (claimants) are served and are represented through Advocate. Learned AGP appears for respondent no. 6.

2.

In the facts and circumstances of the case, delay is condoned and the application is allowed in terms of prayer clause(b).

Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2025.09.18 02:10:08 +0200 RAJESHWARI RAMESH PILLAI 1/3

FIRST APPEAL (ST) NO. 6356 OF 2025 3.

Admit.

4.

Learned counsel for the appellant submits that the claimants have filed their First Appeal No. 862 of 2024 and the same is admitted.

5.

Learned Advocates appearing for the respective respondents waive notice.

6.

To be heard alongwith the First Appeal No. 862 of 2024.

INTERIM APPLICATION NO. 7992 OF 2025 7.

This application is for stay to the execution of the impugned award. Learned counsel for the appellant seeks fourteen weeks time to deposit the entire amount of award with interest.

8.

Time granted. Subject to depositing the entire award amount with interest within fourteen weeks from today, there will be stay in terms of prayer clause (b) 9.

After the amount is deposited, the claimants shall be permitted to withdraw 50% of the award amount with interest, 2/3

subject to filing usual undertaking. So far as the remaining 50% is concerned, the claimants shall be permitted to withdraw the same with interest on furnishing the bank guarantee to the satisfaction of the executing court. 10.

Interim Application is allowed in the aforesaid terms. [GAURI GODSE, J.] 3/3