Executive Engineer, Kadwa Canal Project, Nashik v. Antu Trimbak Gangude Since Deceased Thr. Lrs. Majulabai Antu Gangude And ORS.

by VARSHA VIJAY RAJGURU Date:

2025.09.16 16:11:25 +0530 VARSHA VIJAY RAJGURU

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8008 OF 2025 WITH INTERIM APPLICATION NO. 8009 OF 2025 IN FIRST APPEAL (ST) NO. 6839 OF 2025 Executive Engineer, Kadwa Canal Project, Nashik ... Applicant/Appellant vs.

Antu Trimbak Gangude since deceased through Lrs Manjulabai Antu Gangude and Ors ... Respondents Ms. Chaitrali Deshmukh for Applicant/Appellant. Mr. Sachin Gite for Respondent Nos. 1 to 4.

Mr. D.J. Haldankar for Respondent No. 5.

CORAM : GAURI GODSE, J.

DATED : 15th SEPTEMBER 2025 ORDER:

INTERIM APPLICATION NO. 8008 OF 2025 1.

The respondents(claimants) are served and are represented through advocate. Learned AGP appears for respondent no.5. 2.

In the facts and circumstances of the case, delay is condoned Page no. 1 of 3

and the application is allowed in terms of prayer clause (b). FIRST APPEAL (ST) NO. 6839 OF 2025 3.

Admit.

4.

Learned counsel for the appellant submits that the claimants have filed First Appeal No. 807 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. 807 of 2024. INTERIM APPLICATION NO. 8009 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, subject to filing usual undertaking. So far as the remaining 50% is concerned, the claimants shall be permitted to withdraw the same Page no. 2 of 3

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.) Page no. 3 of 3