Advocates:
['NAGARGOJE ANKUSH N', 'V D HON', '', 'P D SURYANSHI']

1

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CIVIL APPLICATION NO.2755 OF 2012

IN

FAST/2697/2012

GODHAVARI MARATHWADA IRRIGATION DEVELOPMENT

CORPORATION, AURANGABAD

VERSUS

VASIMODDIN SK.MAHEBOOB AND ORS

...

Advocate for Applicant : Mr. Biradar R.D.

Mr. SP Dound, AGP for Respondent/State

-----

CORAM :

K.K.TATED, J.

DATE :

2 ^nd September,2014.

PER COURT :

1)

Heard learned counsel for applicant and

learned AGP for Respondent Nos.3 and 4.

2)

This Civil Application is preferred by

acquiring body for stay of operation and

implementation of impugned Judgment and Award dated

30.09.2010 passed by the Reference Court in LAR

No.29/2010 (Old No.46/2003).

3)

Learned Counsel for applicant submits that

if the entire amount is recovered by the

respondent/original

claimant

in

Execution

application, nothing will survive in the present

First Appeal. He submits that in the interest of

justice, impugned order be stayed during pendency of

present First Appeal.

4)

I have heard learned counsel for applicant

and learned AGP. Considering the submissions made by

learned counsel for applicant and after going

2

through the impugned judgment, it is correct that if

the entire amount is recovered, nothing will survive

in this First Appeal. I am of the opinion that the

applicant has made out case for ad interim relief,

but on some terms and conditions. Hence, following

order.

A)

Rule.

B)

Rule made returnable after 10 weeks.

C)

In addition to usual mode of service,

applicant is permitted to serve the respondent by

private notice either by RPAD and or by hand delivery

and file affidavit of service to that effect.

D)

Operation and implementation of the impugned

judgment and Award dated 30.9.2010 passed by

Reference Court in LAR No.29/2010 is stayed till next

date on condition that the applicant to deposit

entire decreetal amount along with interest and costs

before Reference court within 8 weeks from today,

failing which, interim protection shall stand vacated

without referring back to the court.

.

S.O.ten weeks.

(K.K.TATED,J.)

bdv/