Disposed

Shantanand v. S. Kantak v Dy. Collector and Sub Divisional Officer, Lac, Quepem and Anr.

Bombay HC6 Sept 2021MCA/158/2021

Case brief

AI extract

What is this about?

Disposing a miscellaneous application by granting liberty to the petitioner to proceed with execution proceedings despite an alleged short deposit of approximately 24 lakhs, directing the executing court to determine the actual quantum of deposit.

What did the court decide?

Liberty granted to proceed with execution of impugned award pending determination of short deposit by executing court.

Shantanand v. S. Kantak Vs Dy. Collector and Sub… — Execution and Attachment | Bombay HC (2021)

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40-MCA-158-2021 IN FA-110-2019.DOC

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Maria S.

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IN THE HIGH COURT OF BOMBAY AT GOA MISCELLANEOUS CIVIL APPLICATION NO. 158 OF 2021 IN FIRST APPEAL NO. 110 OF 2019

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Shantanand V. S. Kantak

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.Petitioner

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Versus

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Dy. Collector And Sub Divisional Officer, LAC, Quepem And Anr.

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…Respondents

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Mr. Hanumant D. Naik, Advocate for the Petitioner.

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Ms. Amira Razaq, Government Advocate for the Respondents.

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CORAM: M. S. SONAK & SMT. M. S.JAWALKAR, JJ. Date: 6^th September, 2021

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P.C.

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1. Heard Mr. Hanumant D. Naik, learned Counsel for the petitioner and Ms. Amira Razaq, learned Government Advocate for the Respondent State.

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2. The complaint in this application is that there is a short deposit by about 24lakhs considered that this Court, in its order ₹ dated 20.08.2019 has stayed the execution of the impugned award subject to the State depositing the entire amount together with interest, costs, etc., in this Court.

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Page 1 of 2 6^th September 2021

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40-MCA-158-2021 IN FA-110-2019.DOC

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3.If, according to the applicant herein, there is a short
deposit, then, liberty is granted to the applicant to proceed with
the execution of the impugned award dated 28.08.2018. The
Executing Court to determine whether there is really any short
deposit as alleged by the applicant and, if there is short deposit,
then, the Executing Court can proceed with the actual execution.
If there is no short deposit, then, obviously, the Executing Court
will not proceed with the execution having regard to our order
dated 20.08.2019.

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4.Ms. Razaq, learned Counsel for the State submits that even
the State will verify whether there is any short deposit or not and
if there is really any short deposit, the, the State will deposit this
amount before this Court. For the present, however, she files a
chart on record to demonstrate that there is no short deposit.
The issue as to whether there is any short deposit or not will have
to be decided by the Executing Court.

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5. With liberty as aforesaid, this application is disposed of.

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SMT. M. S. JAWALKAR, J. M. S. SONAK, J.

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Page 2 of 2 6^th September 2021

Shantanand v. S. Kantak v Dy. Collector and Sub Divisional Officer, Lac, Quepem and Anr.

Case brief

What is this about?

What did the court decide?

Shantanand v. S. Kantak v Dy. Collector and Sub Divisional Officer, Lac, Quepem and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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