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2021 Supreme(Bom) 1578
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N. J. Jamadar, J.
Executive Engineer, Nandur Madhyameshwar Project, Nashik - Appellant
Versus
Trambak Savliram Gowardhane & Ors. - Respondents
First Appeal (ST.) No. 8574, 8985, 8988 of 2021, Interim Application No. 3356, 3357, 3358 of 2021, Interim Application (ST.) No. 8578 of 2021
Decided On : 07-12-2021
Chaitrali Deshmukh, Advocate, A.R. Patil, Advocate
Granting ad-interim stay subject to deposit of entire compensation and interest accrued.
Headnote:
Stay - Impugned Judgment and Award - The court granted ad-interim stay to the execution, operation, and implementation of the impugned judgment and award in LAR Nos. 332 of 2017 and 335 of 2017 dated 28th March, 2018, subject to deposit of the entire amount of compensation along with interest accrued thereon.
Fact of the Case:
The applicant is ready to deposit the entire amount of compensation along with interest accrued thereon in terms of the impugned judgment and award dated 28th March, 2018.
Finding of the Court:
The court granted ad-interim stay to the execution, operation, and implementation of the impugned judgment and award in LAR Nos. 332 of 2017 and 335 of 2017 dated 28th March, 2018, subject to deposit of the entire amount of compensation along with interest accrued thereon.
Issues: Ad-interim stay to the execution, operation, and implementation of the impugned judgment and award.
Ratio Decidendi: The ad-interim stay was granted subject to the deposit of the entire amount of compensation along with interest accrued thereon.
Final Decision: Ad-interim stay granted to the execution, operation, and implementation of the impugned judgment and award in LAR Nos. 332 of 2017 and 335 of 2017 dated 28th March, 2018, subject to deposit of the entire amount of compensation along with interest accrued thereon.
JUDGMENT
N. J. Jamadar, J. - Heard the learned counsel for the applicant.
2. The learned counsel for the applicants submits that the respondents have been served by private notice, though the Court notice had not been issued for want of spare copies having been furnished.
3. The learned counsel has tendered affidavit of service.
4. The learned counsel undertakes to furnish copies for issue of notice through Court.
4. Let the spare copies be furnished within a period of one week.
5. Issue notice to the respondents returnable 18th January, 2022.
6. The learned counsel for the applicant submits that the applicant is ready to deposit the entire amount of compensation along with interest accrued thereon in terms of the impugned judgment and award dated 28th March, 2018 passed in LAR Nos. 332 of 2017 and 335 of 2017.
7. I have perused the impugned judgment and award. Arguable points are raised for consideration in the appeal.
8. In view of the above, there shall be ad-interim stay to the execution, operation and implementation of the impugned judgment and award in in LAR Nos. 332 of 2017 and 335 of 2017 dated 28th March, 2018 subject to deposit of the entire amount of compensation along with interest accrued thereon in terms of the impugned award, before the executing Court, within a period of four weeks from today.
9. In the event of default in depositing the amount of compensation within the aforesaid period, the this order shall stand vacated automatically.
