This court vacated an ad-interim stay on an award because the acquiring body failed to deposit the decretal amount within the stipulated period, thereby terminating the stay.
Ad-interim stay vacated; applicant allowed to execute the award.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.
922 CIVIL APPLICATION NO. 1922 OF 2017 IN FIRST APPEAL NO.1921/2016
UTTAM RAJARAM PAWAR
VERSUS
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, ZILHA PARISHAD JALNA AND ANR
Advocate for Applicant : Mr. Swapnil Patunkar h/f J.P. legal Associates
CORAM : K. K. SONAWANE, J. Dated: December 21, 2017
PER COURT :-
Heard learned counsel for applicant/original claimant. None appears for the respondent/Acquiring body. Learned AGP for respondent No. 2 and 3 present. This court under order dated 2.9.2015 granted ad-interim stay to the impugned judgment and award on condition that the respondent/Acquiring body shall deposit the entire decretal amount within a period of seven weeks. But no response is received from the respondent Acquiring Body. Hence, the learned counsel for the applicant requested to vacate the stay.
It is to be noted that This court under order dated 2.9.2015 granted ad-interim stay to the impugned judgment and award on condition that the applicants shall deposit the entire decretal amount within a period of seven weeks but there was no compliance of the order of this court by the Acquiring Body. Therefore, after lapse of stipulated period, the ad-interim stay granted by this court lost its force and died out. Therefore, no stay at all is in existence which would preclude the applicant/claimant to execute
the same before the Executing Court as per the provisions of law. Hence, the application stands allowed in terms of prayer clause (B). Applicant is at liberty to execute the award before the Executing court as per the provisions of law. Civil application stands disposed of accordingly.
grt/-
1 issue framed by the court
Whether the ad-interim stay granted on condition of deposit of decretal amount continues to exist when the condition remains unfulfilled.
Uttam Rajaram Pawar
The Executive Engineer, Minor Irrigation Division, Zilha Parishad Jalna
K. K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
