Allowed

The Godavari Marathwada Irrigation Development Corporation Thr the Executive Engineer and Ors. v. Dildarkhan Mehboobkhan Pathan and Ors.

Bombay HC11 Dec 2017CA/16469/2016

Case brief

AI extract

What is this about?

Single judge allowed applications for a stay on the execution of an Acquisition Award, directing the applicant to deposit the decretal amount with interest within 12 weeks, with automatic vacation of the stay if default occurs.

What did the court decide?

Stay granted on execution of impugned Judgment and Award, subject to deposit of decretal amount and interest within 12 weeks.

The Godavari Marathwada Irrigation Development Corporation Thr the Executive Engineer and Ors. Vs Dildarkhan Mehboobkhan Pathan and Ors. — Bombay HC (2017) — LawSathi Research

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1 33-CA-16469-16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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33 CIVIL APPLICATION NO. 16469 OF 2016

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IN FAST/33934/2016

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THE GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THR THE EXECUTIVE ENGI VERSUS DILDARKHAN MEHBOOBKHAN PATHAN AND ORS

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Advocate for Applicant : Mr. A.M. Gaikwad AGP for Co-appellants : Mr. S.R. Yadav Advocate for Respondents-ori. Claimants :Mr. Shaikh Shoyab

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WITH CA/16472/2016 IN FAST/34174/2016 WITH CA/16474/2016 IN FAST/34187/2016 WITH CA/16478/2016 IN FAST/34161/2016 WITH CA/16482/2016 IN FAST/34169/2016

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CORAM : K.K. SONAWANE, J.

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DATED : 11^TH DECEMBER, 2017.

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Order :-

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Heard learned counsel for the applicant-Acquiring Body and learned AGP for co-appellants and respondents-original claimants.

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Learned counsel for applicant- Acquiring Body submits that the stay may be granted to the execution and implementation of the Award passed by the learned Reference Court. Considering the nature of subject matter and reasons mentioned in the applications, I do not find any impediment to allow the applications by imposing certain terms and conditions. Hence, applications for stay stand allowed in terms of prayer clause 'A'. The execution and operation of the impugned Judgment and Award passed by the learned Reference Court is hereby stayed, subject to condition that the applicant- Acquiring Body shall deposit the entire decreetal amount alongwith interest accrued thereon as awarded by the learned Reference Court within twelve (12) weeks from the date of this Order in this Court, failure to which, the stay granted to the impugned Judgment and Award in favour of applicant-

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2 33-CA-16469-16

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Acquiring Body referred above shall stand vacated automatically without further reference to this Court with liberty to respondent/soriginal claimant/s to avail the recourse of law for execution of the Award within ambit of law.

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Accordingly, the applications for stay stand disposed of in above terms.

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Sd/- [ K. K. SONAWANE ] JUDGE

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MTK.

The Godavari Marathwada Irrigation Development Corporation Thr the Executive Engineer and Ors. v. Dildarkhan Mehboobkhan Pathan and Ors.

Case brief

What is this about?

What did the court decide?

The Godavari Marathwada Irrigation Development Corporation Thr the Executive Engineer and Ors. v. Dildarkhan Mehboobkhan Pathan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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