Partly allowed

V.I.D.C. Thr. Exe. Engineer (Kanholi Nala Prakalp) (Now Irrigation Proj. Division, Nagpur) v. Swastik Bricks Industries Thr. Partner, Sanjaykumar Ramashankar Tiwari and Others

Bombay HC8 Feb 2022CAF/283/2022

Case brief

AI extract

What is this about?

The High Court of Nagpur granted a civil application for an ad-interim stay on an impugned judgment, directing the applicant to deposit 75% of the decretal amount within twelve weeks.

What did the court decide?

Ad-interim stay granted subject to deposit of 75% of the decretal amount within twelve weeks.

What the court decided

V.I.D.C. Thr. Exe. Engineer (Kanholi Nala… — Civil Procedure and Limitation | Bombay HC (2022)

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5-CAF-283-2022

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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CIVIL APPLICATION (F) NO. 283 OF 2022 IN FIRST APPEAL NO. 168 OF 2022

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(Vidarbha Irrigation Development Corporation Vs. Swastik Bricks Industries (A partnership firm, through partners) Sanjaykumar Ramashankar Tiwari & Ors.)

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Office Notes, Office Memoranda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders.

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and Registrar's Orders.

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Ms. A.S. Athalye, Advocate for the applicant/ appellant.

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Mr. A.A. Madiwale, A.G.P. for respondent Nos. 2 & 3/ State.

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CORAM : A.S. CHANDURKAR & PUSHPA V. GANEDIWALA, JJ. FEBRUARY 08, 2022.

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Heard.

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2] This is an application filed under Order 41 Rule 5 of the Code of Civil Procedure for grant of stay to the impugned judgment and decree dated 25/03/2021 passed by the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Nagpur in Case No. 89/NGP/NGP/2018.

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3] Ms. Athalye, learned counsel for the applicant/ appellant submits that the applicant is ready to deposit 75% of the decreetal amount.

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4] Given the aforesaid submission, there shall be an ad-interim stay to the effect and operation of the impugned judgment and decree dated

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5-CAF-283-2022

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25/03/2021 passed by the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Nagpur in Case No. 89/NGP/NGP/2018, subject to deposit of 75% of the decreetal amount by the applicant within a period of twelve weeks.

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5] The Civil Application stands disposed of.

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FIRST APPEAL NO. 168 /2022 .

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6] Admit.

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7] Mr. A.A. Madiwale, learned A.G.P., waives service of notice for respondent Nos. 2 and 3.

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8] Call R & P.

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9] The appellant to file private paper-book within a period of six months.

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(JUDGE) (JUDGE)

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Sumit

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Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:08.02.2022 17:55

V.I.D.C. Thr. Exe. Engineer (Kanholi Nala Prakalp) (Now Irrigation Proj. Division, Nagpur) v. Swastik Bricks Industries Thr. Partner, Sanjaykumar Ramashankar Tiwari and Others

Case brief

What is this about?

What did the court decide?

What the court decided

V.I.D.C. Thr. Exe. Engineer (Kanholi Nala Prakalp) (Now Irrigation Proj. Division, Nagpur) v. Swastik Bricks Industries Thr. Partner, Sanjaykumar Ramashankar Tiwari and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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